UMA & ANR.versusTHE STATE REP. BY THE DEPUTY SUPERINTENDENT OF POLICE
- Citation
- 2024 INSC 809
- Decided
- 22 October 2024
- Disposal
- Dismissed
- Bench
- BELA M TRIVEDI
Holding
The High Court correctly reversed the acquittal as it demonstrated perversity and non‑appreciation of the trial court’s evidence, and the prosecution proved the guilt of the accused beyond reasonable doubt on the basis of circumstantial evidence.
Summary
The trial court acquitted Ms. Uma and co‑accused of murder, holding that the prosecution had not proved its case beyond reasonable doubt, particularly discounting medical evidence in the absence of an eyewitness. The State appealed, and the Madras High Court reversed the acquittal, convicting the appellants on charges of criminal conspiracy and murder, relying on circumstantial evidence, motive, the defendants' presence, false statements under Section 313 CrPC, and medical findings of ante‑mortem injuries. The appellants challenged the High Court's reversal, arguing that the trial court's view was plausible and that the High Court had not demonstrated any perversity or error. The Supreme Court examined whether the High Court correctly identified perversity and non‑appreciation of evidence and whether the prosecution had established guilt beyond reasonable doubt using the five golden principles of circumstantial evidence. It held that the High Court had indeed shown perversity in the trial court's assessment and that the prosecution's case satisfied the stringent requirements of circumstantial proof, including motive, presence, false explanations, conduct, and medical evidence. Consequently, the Supreme Court dismissed the appeals, upholding the convictions.
Issues considered
- Whether the High Court erred in reversing the trial court's acquittal of the appellants.
- Whether the High Court demonstrated perversity and non‑appreciation of the material on record by the trial court.
- Whether the prosecution proved the case beyond reasonable doubt on the basis of circumstantial evidence.
- Whether the burden of proof shifted to the accused under Section 106 of the Evidence Act in a homicide occurring in a private dwelling.
- Whether medical evidence can be disregarded in the absence of direct eyewitness testimony.
Legislation cited
- Code of Criminal Procedure, 1973
- Evidence Act, 1872s. 106, s. 27
- Indian Penal Code, 1860s. 120B, s. 201, s. 302
- Tamil Nadu Prohibition of Harassment of Women Act, 1998s. 4A
Headnote
1757 : 2024 INSC 809 Uma & Anr. v. The State Rep. by the Deputy Superintendent of Police (Criminal Appeal No. 757 of 2015) 22 October 2024 [Bela M. Trivedi and Satish Chandra Sharma,* JJ] Issue for Consideration Whether the High Court was able to demonstrate perversity and non-appreciation s.4A – Appellants acquitted by Trial Court – High Court in impugned judgment reversed the finding of acquittal and convicted the Appellants – Held, High Court has demonstrated perversity and non-appreciation of the materials on record by Trial Court – Appeals dismissed:
Subjects
Judgment
[2024] 10 S.C.R. 1757 : 2024 INSC 809
Uma & Anr.
v.
The State Rep. by the Deputy Superintendent of Police
(Criminal Appeal No. 757 of 2015)
22 October 2024
[Bela M. Trivedi and Satish Chandra Sharma,* JJ]
Issue for Consideration
Whether the High Court was able to demonstrate perversity and
non-appreciation of the materials on record by the Trial Court while
reversing its finding of acquittal.
Headnotes†
Penal Code, 1860, s.120B, 302, 201; Tamil Nadu Prohibition of
Harassment of Women Act, 1998, s.4A – Appellants acquitted
by Trial Court – High Court in impugned judgment reversed
the finding of acquittal and convicted the Appellants – Held,
High Court has demonstrated perversity and non-appreciation
of the materials on record by Trial Court – Appeals dismissed:
Held: The Trial Court acquitted the Appellants as it concluded
that the prosecution had not proven the case beyond reasonable
doubt; in the absence of ocular evidence, the Trial Court did not
consider it appropriate to award due to the medical evidence; and
held the motive to be highly artificial and unbelievable – Findings
reversed by the High Court after thorough re-appreciation of the
evidence on record – Post mortem report supported the case of
homicide on account of clear motive and presence of Appellants
at the time the incident occurred – Appellate Court must not
ordinarily reverse the finding of acquittal, unless perversity and
non-appreciation of the materials on record is demonstrated –
Prosecution has proved its case beyond reasonable doubt and
established chain of circumstances – Conclusion of guilt can be
drawn. [Para 28]
Circumstantial Evidence – Five golden principles – Panchsheel
of proof – Prosecution has proved its case beyond reasonable
doubt:
* Author
1758 [2024] 10 S.C.R.
Digital Supreme Court Reports
Held: That the prosecution has proved its case beyond reasonable
doubt, established the complete chain of circumstances including
the – (i) motive (ii) presence of the Appellants at the time of incident
(iii) false explanation in the statement under Section 313 of the
CrPC (iv) the conduct of the Appellants before and after the incident
& most pertinently (v) the medical evidence which in all human
probability only correspond to the guilt of the Appellants. [Para 21]
Circumstantial Evidence – When offence is committed in
the privacy of a house, where accused is said to have been
present – Two important consequences play out – Section
106 of Indian Evidence Act – Appellants have not discharged
their burden:
Held: Two important consequences that play out when an offence
is said to have taken place in the privacy of a house, where the
accused is said to have been present – Firstly, the standard of
proof expected to prove such a case based on circumstantial
evidence is lesser than other cases of circumstantial evidence,
and secondly, the accused would be under a duty to explain as to
the circumstances that led to the death of the deceased – limited
shifting of the onus of proof – If accused remains quiet or offers a
false explanation, then such a response would become an additional
link in the chain of circumstances – Appellants have not discharged
their burden that the injuries sustained by the deceased were not
homicidal and not inflicted by them. [Para 24]
Reliance on medical evidence:
Observation of the Trial Court that in absence of a direct occurrence
witness, motive to commit the crime and the evidence being purely
circumstantial in nature, the medical evidence becomes of less
consequences – Not a fairly plausible view. [Para 27]
Case Law Cited
Sharad Birdhichand Sarda v. State of Maharashtra [1985] 1
SCR 88 : (1984) 4 SCC 116; Trimukh Maroti Kirkan v. State of
Maharashtra [2006] Supp. 7 SCR 156 : (2006) 10 SCC 681 –
relied on.
List of Acts
Code of Criminal Procedure, 1973; Penal Code, 1860; Evidence
Act, 1872.
[2024] 10 S.C.R. 1759
Uma & Anr. v.
The State Rep. by the Deputy Superintendent of Police
List of Keywords
Reversal of Judgment of Acquittal; Circumstantial Evidence.
Case Arising From
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No.
757 of 2015
From the Judgment and Order dated 04.03.2015 of the High Court
of Judicature at Madras at Madurai in CRLA No. 161 of 2011
With
Criminal Appeal No. 67 of 2016
Appearances for Parties
Kathirvelu, Sr. Adv., T. R. B. Sivakumar, Beno Bencigar, Vairawan
A.S, Jeyamohan, Sudhakaran, Alagiri Karunanidhi, Rohan Singh,
P. Soma Sundaram, Advs. for the Appellants.
N.R. Elango, Sr. Adv., Sabarish Subramanian, C. Kranthi Kumar,
Vishnu Unnikrishnan, Naman Dwivedi, Sarathraj B, Danish Saifi,
P. V. Yogeswaran, Advs. for the Respondent.
Judgment / Order of the Supreme Court
Judgment
Satish Chandra Sharma, J.
Introduction
1. These appeal(s) assail the correctness of the Final Judgment/Order
dated 04.03.2015 passed by the Hon’ble High Court of Madras at
Madurai (the “High Court”) in Criminal Appeal (MD) No. 161 of
2011 titled State Vs Uma & Ors. whereby the judgement of acquittal
dated 19.10.2010 passed by the Additional Sessions Judge, Fast
Track Court No.1, Thoothukudi (the “Trial Court”) in Sessions Case
No.300 of 2009, has been reversed and consequently, Appellant
No.1/Accused No.1 has been convicted and sentenced to undergo
imprisonment for life under Section 120B and 302 of the IPC together
with a fine of Rs.10,000/- (Indian Rupees Ten Thousand); and
Appellant No.2/Accused No.3 has been convicted and sentenced
to undergo imprisonment for life under Section 120B read with 302
1760 [2024] 10 S.C.R.
Digital Supreme Court Reports
of the IPC together with a fine of Rs.10,000/- (Indian Rupees Ten
Thousand). Pertinently, Ravi i.e., Accused No.2 was convicted and
sentenced to undergo imprisonment for life under Section 120B and
302 of the IPC together with a fine of Rs.10,000/- (Indian Rupees
Ten Thousand) (the “Impugned Order”). Ravi i.e., Accused No.2
has assailed the correctness of the Impugned Order before this
Hon’ble Court by way of a separate criminal appeal i.e., Criminal
Appeal No. 67 of 2016. As the appeal(s) arise out of a common
judgement, they have been heard together; are being disposed of
by this Judgement.
Case of the Prosecution
2. It is the case of the prosecution that on 23.08.2008, Ms. Rajalakshmi
(the “Deceased”) was murdered by her husband, Mr. Ravi (Accused
No.2) and her aunt & uncle i.e. Ms. Uma (Accused No.1) and Mr.
Balasubramanian (Accused No.3).
3. The factual matrix reveals that the marriage between the deceased
Rajalaksmi and the Accused No.2 had been solemnized at Arthi
Thirumana Mandapam, Vilathikulam on 10.02.2008. At the time of
marriage, 50 sovereign of gold jewels; and vessels and other items
worth Rs.50,000/- (Indian Rupees Fifty Thousand) were given to the
Husband and his family. As revealed by P.W.-1, Mr. Chandrakasan
(PW-1), the adoptive father of the deceased in his examination,
one week after the marriage, the Deceased had informed him,
that Accused No.2 continuously harasses her & treated her like a
servant. It was further stated that Accused No.2 used to consume
alcohol, play cards, and also had an illegal illicit relationship with
his aunt, i.e., Accused No.1. P.W.-1 in the Complaint (Exhibit P-1)
and his examination as P.W.-1, stated that on one occasion Accused
Nos. 1 and 2 along with Deceased came to his house, and Accused
Nos. 1 and 2 slept together in a single bedsheet in the hall while
the Deceased slept in the bedroom. It later came to his knowledge
through the Deceased that this was not an usual practice at the
Appellants’ home.
4. On 23.08.2008, one Arunachalam had informed P.W.-1 that the
Deceased has consumed paint and had been taken to the local
hospital. It was upon receiving the said information, P.W.-1 and his
wife (P.W.-2) had come down to Government Hospital, Kovilpatti and
[2024] 10 S.C.R. 1761
Uma & Anr. v.
The State Rep. by the Deputy Superintendent of Police
found the dead body of the deceased in the mortuary. Subsequent
thereto, P.W.-1 gave a written Complaint to the Sub Inspector of
Police (P.W.-15) exhibited as Exhibit P-1, which was registered as
Crime No. 183 of 2008 under Section 174 of the Code of Criminal
Procedure, 1973. It is highlighted that none of the accused persons
i.e., the Appellants, informed the P.W. 1 or the family of the deceased
of her death.
5. The contents of the Complaint, reveal glaring details of the disturbing
circumstances & troubles that the Deceased was being subjected
to, by the Appellants at the time of her marriage and the said
details, have been substantiated & corroborated by P.W.-1 in his
cross-examination. The wife of P.W.-1 i.e., Ms. Sooriya Kalavathi has
also adduced identical circumstances in her evidence, which affirm
the allegations of the de-facto complainant. Notwithstanding thereto,
such evidence needs to be tested on the anvil of consistency with
the circumstances.
6. Since the Deceased had passed away within a period of 6 (six)
months from the date of her marriage, the Investigating Officer (the
“IO”) (P.W.-20) had also made arrangements to conduct enquiry by
Revenue Divisional Officer (P.W.-l7). Although the Inquest Report
marked as Exhibit P.14, stated that the death had not occurred due
to demand of dowry, it is the case of the Prosecution, that Accused
No.1 and Accused No.2 strangulated the neck of the Deceased with
a saree. It is further alleged that Accused No.3 poured kerosene into
the mouth of the Deceased. It is the case of the prosecution that
with the intention to camouflage the incident, the accused persons
i.e., the Appellants poured paint and kerosene into the mouth of
Rajalakshmi to make the death appear like suicide.
7. The said assertion of the prosecution is substantiated with medical
evidence which reveal ante-mortem injuries sustained by the
deceased. The Postmortem Report i.e., Exhibit P-3 prepared by
Dr. Venkatesh, P.W.-10 reveals that 3 external injuries over the left
upper arm, left shoulder, right shoulder and neck & the hyoid bone
was found to be broken. The relevant extract of Postmortem Report
is reproduced as under:
"1. Multiple contusions over left arm upper 1/3rd and left
shoulder (anterior aspect) each of size 2 x 2 cms (3 Nos)
1762 [2024] 10 S.C.R.
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2. Multiple contusions right shoulder (anterior aspect)
3. Contusion in front of neck 6 x 2 cm extending from
right sternocleidomastoid to left sternocleidomastoid.”
8. P.W.-10, Dr. Venkatesh, in his examination-in-chief further makes it
clear that the fracture on the hyoid bone was found broken before
the demise of the Deceased. He disclosed that the death of the
Deceased occurred from suffocation in breathing. There was no
chance of consuming liquid for a person whose hyoid/Navaldi bone
had been fractured and the person could have died due to pressure
on the neck & problem in breathing. The relevant extract of his
examination-in-chief is reproduced as under:
“I started the Postmortem at 4.15 p.m. Rigor Mortis present
in hands and legs. The dead body was kept lying on its
back. There are external injuries.
It was broken on the inner side. Food pipe was found
callus. At 5.15 p.m., the Postmortem was completed.
Internal organs of the dead body were sent to Chemical
analysis. Navaldi bone was sent to the professor. In the
Navaldi bone investigation, it was found broken before the
death. Based on the report, Chemical Analysis Department,
there is no poison found on the internal ~ organs, I have
stated the said information in the Postmortem Report. I
opined the aforesaid person would have died due to the
pressure given to aforesaid person on his neck and I issued
the Postmortem Report Ex.P.3. Visera Report is Ex.P.4.”
…….
The wounds 1 and 2 noted in the Post Mortem Report would
have caused due to the pressure made on his neck. Blood
clots in the neck and the congestion in the food pipe due
to pressing of the neck. The fracture of Navaldi bone found
on the internal side is caused due to the pressure made
on the neck. There is no chance of liquid consumption to
a person whose Navaldi bone was fractured. There is no
chance for demise of a person whose Navaldi bone was
fractured. Breathing problem may be caused and then the
death may occur.”
[2024] 10 S.C.R. 1763
Uma & Anr. v.
The State Rep. by the Deputy Superintendent of Police
9. P.W.-11, Muppidathi, Scientific Assistant, who prepared the Viscera
Report, also deposed on 18.09.2008 that there was no poison found
in the internal organs of the deceased and it was her ultimate opinion
that the Deceased appeared to have died of compression over neck.
The Postmortem Report prepared by Dr. Venkatesh, Assistant Doctor
(P.W.-10) as well as Exhibit P-4 (Visera Report) prepared by the
Muppidathi, Scientific Assistant, clearly establish that the Deceased
had sustained external as well as internal ante-mortem injuries, which
could not have been a natural consequence of consuming paint, as
alleged by the Appellants.
10. A cumulative reading of the medical record along with deposition
of P.W.-1 to P.W.-4 create a chain of circumstances, that establish
that the death of the deceased is homicidal. It has been submitted
by the Prosecution that the injuries sustained by the Deceased are
ante-mortem in nature, and in view of the fact that the Deceased and
the Appellants were related and more importantly, resided together
at the time of occurrence it was incumbent upon the Appellants to
prove as to how the death of the Deceased occurred in view of the
burden contemplated under Section 106 of the Indian Evidence Act
1872 (the “Evidence Act”). In this context, it is the Prosecution’
case that the Appellants have not only failed to offer any alternative
explanation so as to the cause of death of the Deceased, but also
failed to dent to Prosecutions’ version vis-à-vis their sole presence
at the scene of the alleged offence, thereby being unable to negate
the contention that no one else could have inflicted the said injuries
on the body of the Deceased.
11. It is the case of the Prosecution that the Appellants had a clear
motive to eliminate the Deceased i.e., the illicit/incestuous relationship
between Accused no. 1, Ms. Uma and Accused No.2, Mr. Ravi,
which has subsequently become a stumbling block between the
Deceased i.e., Rajalakshmi and the aforenoted Appellants. This
naturally, swelled the common intention of the accused persons to
murder the Deceased. This factum coupled with the narrative of
P.W.-1 and P.W.-2 read together with the medical evidence as well
as the deposition of the doctors substantiates the culpability of the
accused persons to murder the Deceased. It is urged that the case of
the Prosecution does not rest on circumstantial evidence alone and
corresponds to circumstances so complete, that they point towards
the guilt of the Accused Persons/Appellants.
1764 [2024] 10 S.C.R.
Digital Supreme Court Reports
Findings of the Trial Court and the Appellate/High Court
12. The Trial Court has concluded that the case of the Prosecution
is not proved beyond reasonable doubt and hence, the Appellant
are entitled to an acquittal. It was observed despite the medical
evidence on record, Courts can prefer to accept the eyewitness
testimony(ies) in preference to the opinion of a medical expert. In
the absence of any direct ocular evidence, the Trial Court did not
consider it appropriate to award due to the medical evidence. The
Trial Court, came to the conclusion that the motive alluded to the
Appellants i.e., of being embroiled in an illegal/illicit relationship was
held to be highly artificial and unbelievable. In these circumstances
together, the Trial Court held that the Appellants were not guilty of
the offences under sections 120B, 302, 201 IPC and Section 4A of
the Tamil Nadu Prohibition of Harassment of Women Act.
13. Aggrieved by the aforesaid decision of the Trial Court, an appeal came
to be preferred before the High Court. The High Court has reversed
the findings of the Trial Court; and convicted the Appellant(s) for inter
alia the murder of the Deceased i.e, Rajalakshmi. In its considered
opinion, the High Court after a thorough re-appreciation of the entire
evidence on record, held that the Postmortem Report supported the
case of the Prosecution that the death of Rajalakshmi was homicidal
on account of the clear motive ascribed to the Appellants, and the
presence of the Appellants at the time of occurrences of incident. The
aforenoted conclusion was substantiated on the basis of evidence
of P.W-1 to P.W.-4.
Submissions of the Parties
14. It is the case of the Appellant that it is settled law that a judgment
by the Trial Court could have only been reversed by the High
Court if the view taken was not a plausible view on the evidence
on record or there is an error apparent/perversity. The High Court
in the present case has not given any reason why the view taken
by the Trial Court was not a sustainable or plausible view as it not
commented on any findings of the Trial Court nor has marshaled
all evidence before itself before coming to the conclusion of guilt of
the Appellants. It was submitted that, in cases where another view
is possible, the more liberal outlook ought to be preferred and must
not ordinarily be displaced.
[2024] 10 S.C.R. 1765
Uma & Anr. v.
The State Rep. by the Deputy Superintendent of Police
15. It was further stressed that the case of the Prosecution is entirely
based on a presumption, insofar as there was no material to establish
the alleged story of P.W.-1; and there is no evidence on record to
establish the motive of the Appellants to murder the Deceased. It
was contended that there was nothing on record to establish that
the Appellants were residing together and were present at the time
of occurrence of the said incident.
16. The Ld. Counsel appearing on behalf of the Appellant(s) submitted
that that the presence of the tin of paint is demonstrable from the
Observation Mahazar (Ex P.8), however there is also nothing to show
that the Appellants had inflicted the injuries on the Deceased. In this
respect, it is also stated the observation made by the Hon’ble High
Court vis-à-vis the shift of burden of proof under Section 106 CrPC
to prove a certain fact, strictly within the knowledge of the Appellants
is wholly erroneous.
17. It is further submitted that the entire case of the Prosecution rests
upon a confession of the Appellant No.1, however the same is struck
by Section 27 of the Evidence Act and hence cannot be admissible
in the court of law in order to bring home the guilt of the present
Appellants.
18. Per contra, the Ld. Counsel appearing on behalf of the Respondent
State defended the Impugned Order, it was submitted that that the
Trial Court did not appreciate the evidence in a proper manner; and
consequently, this glaring error led to the acquittal of the accused
persons i.e., the Appellants. It was further submitted that the
testimonies of P.W.-3 and P.W.-4 were incorrectly rejected by the
Trial Court as purely circumstantial, whereas the entire set of facts
read together with the medical evidence, strictly point towards the
guilt of the Appellants. It was further submitted that once a grave
error is found in the decision of the Trial Court, the High Court was
fully empowered to re-appreciate the entire evidence and reach a
different conclusion.
Analysis & Conclusions
19. The case of the Prosecution rests on circumstantial evidence, the
testimonies of P.W.-1 to P.W.-4 read with the reports of medical
examination (Exhibit P.3), Postmortem Report (Exhibit P.4.) and the
1766 [2024] 10 S.C.R.
Digital Supreme Court Reports
evidence of the doctors. Admittedly there are no direct eyewitness
to the said incident. In such cases, an inference of guilt must be
sought to be drawn from a cogently and firmly established chain of
circumstances.
20. This Court in its decision in Sharad Birdhichand Sarda v. State
of Maharashtra (1984) 4 SCC 116, has laid down following five
golden principles, which constitutes the panchsheel of proof, for
a case based on circumstantial evidence: insofar as the facts
so established should be consistent only with the hypothesis of
the guilt of the accused, and the circumstances should be of a
conclusive nature and tendency; they should exclude every possible
hypothesis except the one to be proved; there must be a chain of
evidence so complete as not to leave any reasonable ground for
the conclusion consistent with the innocence of the accused and
must show that in all human probability the act must have been
done by the accused.
21. The prosecution has proved its case beyond reasonable doubt,
established the complete chain of circumstances including the;
(i) motive (ii) presence of the Appellants at the time of incident
(iii) false explanation in the statement under Section 313 of the CrPC
(iv) the conduct of the Appellants before and after the incident & most
pertinently (v) the medical evidence; which in all human probability
only correspond to the guilt of the Appellants.
22. At the outset, the medical evidence in the present case, clearly
shows that the Deceased i.e., Rajalakshmi had sustained multiple
ante-mortem injuries, including external injuries over the left upper
arm, left shoulder, right shoulder and neck. Pertinently, the Deceased’s
hyoid bone was also found to be broken. P.W.-10. in his deposition
discloses that the death of the Deceased occurred from suffocation
in breathing & there was no chance of consuming liquid for a person
whose hyoid/Navaldi bone had been fractured. It was deposed that
Deceased could have died due to pressure on the neck & problem
in breathing. P.W.-11 also noted that no poison found in the internal
organs of the Deceased and it was her ultimate opinion that the
deceased appeared to have died of compression over neck. The
medical record clearly establishes that the Deceased had died due to
external injuries, which could not have been a natural consequence
of consuming paint, as alleged by the Appellants.
[2024] 10 S.C.R. 1767
Uma & Anr. v.
The State Rep. by the Deputy Superintendent of Police
23. The presence of the Appellants at the time and place of incident is
demonstrable from their conduct before and after the incident. In
their defence under section 313 CrPC, the Appellants have stated
that all 3 of them had went to Keela Earal to attend a function in the
Tractor Company. They returned home only at 6 P.M. and found the
deceased in an unconscious stage and they took her to the hospital.
Admittedly, the Appellants had taken the deceased to the local
hospital, however, none of the Appellants have been able to establish
an alibi at the time of the incident. The silence of the Appellants in
informing P.W.-1 or the family of the deceased of her death, also
speaks volume of their conduct. Undisputedly, the Appellants and
the Deceased resided together since the marriage of the Deceased
to Accused No.2, which substantiates their presence at the time
of occurrence of the incident; and consequently the invocation of
Section 106 of the Evidence Act cannot be faulted.
24. In the case of Trimukh Maroti Kirkan v. State of Maharashtra
[2006] Supp. (7) S.C.R. 156, this Court has pointed out that there
are two important consequences that play out when an offence
is said to have taken place in the privacy of a house, where the
accused is said to have been present. Firstly, the standard of proof
expected to prove such a case based on circumstantial evidence is
lesser than other cases of circumstantial evidence. Secondly, the
appellant would be under a duty to explain as to the circumstances
that led to the death of the deceased. In that sense, there is a limited
shifting of the onus of proof. If he remains quiet or offers a false
explanation, then such a response would become an additional
link in the chain of circumstances. In terms of Section 106 of the
Evidence Act, the Appellants have not discharged their burden that
the injuries sustained by the deceased were not homicidal and not
inflicted by them.
25. There is also enough evidence adduced by the Prosecution to
hold that the Appellants had the clear motive to eliminate the
Deceased. An illicit/incestuous relationship between Accused
No.-1 i.e., Ms. Uma and Accused No.-2 i.e., Mr. Ravi had become
known to the Deceased Rajalakshmi & her family, and she had
become a stumbling block in the relationship, which swelled the
common intention of the Appellants to murder her. The factum that
the Deceased has passed away within six months of her marriage
also becomes a relevant consideration to attribute culpable intent
1768 [2024] 10 S.C.R.
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of the Appellants. Although, the motive of Mr. Balasubramanian
remains unclear, his aid & assistance in the commission of the
crime cannot be ruled out.
26. We are hence of the opinion that the Prosecution has been able to
prove its case beyond reasonable doubt that the Accused Nos. 1
and 2, with the aid & support of the Accused No.3 have murdered
the deceased Rajalakshmi and strangulated her to death.
27. The collusion & motive of the accused person certainly synthesizes
with the medical evidence on record, false explanation by the
Appellants and the entire chain of circumstances, not leaving any
link missing for the Appellants to escape from the clutches of justice.
In our considered opinion, the observation of the Trial Court that
in absence of a direct occurrence witness, motive to commit the
crime and the evidence being purely circumstantial in nature, the
medical evidence becomes of less consequences, thus cannot be
a fairly plausible view. The Trial Court has simply discarded the
consistent testimonies of prosecution witnesses P.W.-1 & P.W.-2
as being simply based on presumption; whereas the High Court in
appeal has extensively dealt with each charge framed against the
Appellants, the grounds on which the acquittal had been based and
has dispelled those grounds with reasons.
28. Although, this Court is conscious of the fact that an Appellate Court
must not ordinarily reverse the finding of acquittal, the High Court
has been able to demonstrate perversity and non-appreciation of the
materials on record. On a fresh appreciation of evidence, we also
find ourselves unable to agree with the findings of the Trial Court
and are of the considered view that the circumstances in this case
are conclusive and a conclusion of guilt can be drawn.
29. For the reasons mentioned hereinabove, the Appeals stand dismissed.
Interim applications, if any, shall also stand disposed of.
Result of the case: Appeals dismissed.
†
Headnotes prepared by: Prastut Mahesh Dalvi, Hony. Associate Editor
(Verified by: Shibani Ghosh, Adv.)
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