Full Judgment Text
1
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 915 OF 2016
MAGHAVENDRA PRATAP SINGH
@ PANKAJ SINGH … APPELLANT
VERSUS
STATE OF CHHATTISGARH … RESPONDENT
J U D G M E N T
SANJAY KAROL, J.
1. The following three questions arise for consideration :
1. Whether the Investigating Officer in the present case
had complied with the duties and responsibilities
cast upon him by virtue of Chapter XII of Code of
Criminal Procedure Code, 1973?
2. Whether the court below, while acquitting all the
other coaccused in connection with the same
crime, erred in not returning a finding qua the
instant appellant – a coaccused in respect of a
charged framed under Section 120B of the Indian
Penal Code, 1860?
Signature Not Verified
Digitally signed by
Deepak Singh
Date: 2023.04.25
13:42:16 IST
Reason:
2
3. Whether the impugned judgments convicting the
appellant are sustainable in law or not?
2. Maghavendra Pratap Singh @ Pankaj Singh (referred to as
Pankaj Singh) has preferred the present appeal against the Judgment
dated 14.1.2016 passed by the High Court of Chhattisgarh at
Bilaspur in Criminal Appeal No.468 of 2013. He alone stands
convicted for having committed an offence punishable under Section
302, Indian Penal Code, 1860, with life imprisonment and a fine of
Rs.1000/ with further imprisonment of 6 months in default; under
Section 201 of the IPC, punishable with 7 years RI with a fine of
Rs.1000/ and 6 months RI for default; under Section 25(1)(1b)(a) of
the Arms Act, 1959 3 years RI with fine of Rs.1000/ and 6 months RI
for default. The sentences were awarded to run concurrently.
3. The incident which led to the present case was that a
businessman by the name of Goverdhan Aggarwal (hereinafter, the
deceased) and certain others were threatened, and a demand of
rupees ten lakhs was made from each of them. On 26.9.2009 the
deceased left his office at about 7:00 PM for his home when two
motorcyclists shot him. He was taken to the District Hospital,
Ambikapur, in the car of PW24, namely Prabodh Minz, where he
died. That night, an FIR was registered at the P.S. Gandhi Nagar
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(Ex.P37). The body was sent for a postmortem vide Memo under
Ex.P39. After due investigation, a chargesheet was filed, stating that
all the accused persons, including Sunil Paswan, Pankaj Singh, and
Pappu Tiwari, came together and, in agreement, committed or caused
to be committed the murder of Gowardhan Aggarwal. In pursuance of
the said agreement, Pappu Tiwari made available the motorcycle,
Pankaj Singh conveyed the information of the deceased having
departed from his office, Abhishek Singh carried Sunil Paswan and
the weapons as pillion rider on the said motorcycle on the evening of
26.9.2009 at about 7:00 PM, where Sunil Paswan then shot the
deceased.
4. The Learned Additional District Judge, in Session Trial No.
76/2010, seized of the trial against Sunil Paswan, Maghavendra
Pratap Singh @ Pankaj Singh, Akhileshwar Pratap Singh @ Lalit
Singh, and Sidkant Tiwari @ Pappu Tiwari; and in Sessions Case
166/2010, Mannu Singh @ Gyanendra Singh @ Manvendra Singh @
Abhishek Singh, Satish Tripathi, and Ganeshdutt Mishra.
A total of twenty eight witnesses were examined, and the
Trial Court framed eight issues for consideration. Issues A, B and C
concern the instant appellant. They are; A) whether the accused
persons have in agreement with each other and, in pursuance of
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criminal conspiracy, murdered the deceased; B) whether the accused
have in agreement with each other and with the intention to screen
each other from punishment concealed particular articles such as
the motorcycle, pistol, cartridges, scarf, etc. and C) whether Pankaj
Singh has been found in possession of two 9mm pistols, their
magazines and thirtythree live cartridges without possessing the
requisite licence thereof.
5. The Learned Additional District Judge disposed of both the cases
with a common judgement dated 25.03.2013. by which out of the
seven persons named above, one, namely, Akhileshwar Pratap Singh,
was acquitted, and others were convicted and sentenced under
various provisions of the Indian Penal Code, 1860 and in certain
cases under provisions of the Arms Act, 1959.
6. A total of five appeals were filed before the High Court. The
status of all accused persons is as under:
| Accused | Charge | Trial Court | High Court |
|---|---|---|---|
| 1. Sunil Paswan | S. 302/120B,<br>201(1), 120B IPC | Convicted. Life<br>imprisonment. | Acquitted. |
| 2. Maghavendra Pratap<br>Singh @ Pankaj Singh | S. 302,120B,<br>201(1)/120B, IPC,<br>S. 25(1) (1B)a,<br>Arms Act. | Convicted. Life<br>imprisonment. | Convicted. |
| 3.Akhileshwar Pratap<br>Singh @ Lalit Singh | S. 212, IPC. | Acquitted. | Not appealed. |
| 4.Siddhkant Tiwari @<br>Pappu Tiwari | S. 302/120B,<br>201(1), 120B IPC. | ||
| 5.Mannu Singh @ | S. 302/120B, | Convicted. Life | Acquitted. |
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| Gyanendra Singh @<br>Manvendra Singh @<br>Abhishek Singh | 201(1), 120B IPC | imprisonment. | |
|---|---|---|---|
| 6.Satish Tripathi | S. 212(1), 201(1),<br>120B, IPC. | Convicted. Five<br>years rigorous<br>imprisonment. | Acquitted. |
| 7.Ganeshdutt Mishra | S. 212(1), IPC. | Convicted. Five<br>years rigorous<br>imprisonment. | Acquitted. |
7. The High Court, vide Impugned judgement dated 14.01.2016,
acquitted all the accused save and except Maghavendra Pratap Singh
@ Pankaj Singh, the present appellant.
8. This Court has therefore been called upon to examine the
correctness of the conviction decision and sentence rendered by the
learned First Additional Sessions Judge, Ambikapur, District
Sarguja, Chhattisgarh, and as partly confirmed by the High Court.
The Impugned Judgment
9. In the appeal preferred by the convicts (five in number) in terms
of the impugned Judgment, the High Court, while acquitting all the
other convicts, namely, Satish Tripathi, Ganesh Datt Mishra, Mannu
Singh, and Sunil Paswan, has confirmed the conviction and sentence
awarded to Pankaj Singh as reproduced above. In doing so, the Court
found the testimonies of Ashish Agrawal (PW1), Naresh Mandal (PW
6), Avinash Tirki (PW7) and Inspector J.S. Saggu (PW23),
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Investigation Officer sufficient enough to prove the guilt of Pankaj
Singh warranting conviction and sentence. In paragraph 49 of its
Judgment, the High Court observed as under:
“49. On due consideration, the prosecution has
proved entire circumstantial evidence against the
appellant Madvendra. The circumstances are fully
established consistent only with the hypothesis of the
guilt of the accused and that is not explainable by
any other circumstances except that appellant
Madhvendra is guilty and evidence collected by the
prosecution is of the conclusive nature and tendency.
The chain of evidence is complete, it shows in all
human probability the act must have been done by
the accused. The Prosecution has duly proved that
appellant Madhvendra had killed Gowardhan Agrawal
and was also in possession of fire arm and cartridges
in contravention of relevant provisions of Arms Act
and had caused disappearance of evidence of offence
committed by concealing the pistol, cartridges and
other articles. The conviction awarded to accused
Madhvendra does not call for any interference. The
same is well founded.”
Consideration of the Evidence on Record
10. It is pertinent to note that the prosecution's case rests solely on
circumstantial evidence, as none was found present at the scene of
the incident.
11. Further, it is also not the case of the prosecution that the
present appellant had either used or shot the deceased with the gun
allegedly recovered based on his statement (Ex. P15), which was
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purportedly made before the police officer (PW23) in the presence of
independent witnesses namely, Naresh Mandal (PW6) and Avinash
Tirki (PW7).
It will be helpful to refer to the general principle of cases
12.
revolving around circumstantial evidence as encapsulated by Vijay
Shankar v. State of Haryana (2015) 12 SCC 644 . The relevant
portion is as follows:
“8. There is no eyewitness to the occurrence and the
entire case is based upon circumstantial evidence.
The normal principle is that in a case based on
circumstantial evidence the circumstances from
which an inference of guilt is sought to be drawn
must be cogently and firmly established; that these
circumstances should be of a definite tendency
unerringly pointing towards the guilt of the accused;
that the circumstances taken cumulatively should
form a chain so complete that there is no escape from
the conclusion that within all human probability the
crime was committed by the accused and they should
be incapable of explanation of any hypothesis other
than that of the guilt of the accused and inconsistent
with their innocence vide Sharad Birdhichand
Sarda v. State of Maharashtra [ Sharad Birdhichand
Sarda v. State of Maharashtra , (1984) 4 SCC 116 :
1984 SCC (Cri) 487]. The same view was reiterated
in Bablu v. State of Rajasthan [ Bablu v. State of
, (2006) 13 SCC 116 : (2007) 2 SCC (Cri)
Rajasthan
590].”
13. In light of the fact that all the coaccused who had preferred
appeals stand acquitted by the Court below, therefore, while fully
appreciating the testimony of this witness, this Court confines the
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discussions only concerning the present appellant, namely Pankaj
Singh.
14. Interestingly, neither of the independent witness (PW 6 and PW
7) supported the prosecution case. Despite extensive cross
examination conducted by the Public Prosecutor, nothing substantial
could be elicited from their testimonies indicating any guilt of the
accused. Noticeably, both the witnesses are rustic villagers working
as daily wagers, have deposed to have signed blank papers, and are
not residents of the area.
15. A perusal of the testimony of PW6 unrefutably reveals the
witness to have signed documents which were blank, purportedly
used by the police to strengthen this case for the commission of the
offence.
16. PW6, while stating that he does not recognize the accused,
admits that his signatures are on several documents. He further says
that he had signed blank papers under threat from police officials.
Such a statement is uncontroverted as the record does not reflect any
crossexamination on this issue or any other, for that matter. `
17. We also notice that PW7, one of the persons on whom reliance
was placed by the courts below, states that he does not know the
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accused persons and that he had come to know from having perused
newspapers that the deceased was murdered.
18. We may also observe that PW1, namely, Ashish Agrawal,
nephew of the deceased, has not made out any person to be
responsible for the offence, nor has he expressed any doubt or
pointed fingers against any of the accused, much less the present
appellant. He states he has “no information as to how many persons,
how hit to uncle with bullet coming with what mode.”
The testimony of the Investigating Officer Inspector J.S. Saggu
19.
(PW23) runs into 97 pages. Close examination of the same reveals
that the witness miserably failed to investigate as is expected and
required of a police officer to investigate a crime of murder, especially
when not even a single eyewitness exists, and the entire case rests
entirely on circumstantial evidence.
20. The homicidal death of Shri Goverdhan Aggarwal is not in
dispute. Be that as it may, it has come in the testimony of the
Investigating Officer that on 27.9.2009, after registration of the
complaint, he visited the spot; carried out the preliminary
investigation; sent the dead body for postmortem and collected
several incriminating articles.
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21. It is pertinent to note that his testimony reveals that the prime
accused was Sunil Paswan, who stands acquitted on all charges by
the Court below, and this Court is not called upon examine the
complicity of the other accused.
22. It further emanates from the testimony of P.W. 23 that the
present appellant was not present at the spot of the crime. In fact,
not even one person has disclosed his complicity in the crime. His
testimony further reads the complicity of Pankaj Singh in the crime,
to be suspected only based on the disclosure statements of co
accused Sunil Paswan (Ex. P13) to the effect that the former could
get recovered pistol/bullets/live cartridges from the house of co
accused Abhishek Singh. The courts below have disbelieved this part
of the version of the deponent qua the other accused. Hence, the High
Court's reasoning in arriving at Pankaj Singh's guilt is illogical if not
selfcontradictory.
23. Furthermore, we notice that on 12.10.2009, Pankaj Singh was
called to the police station, where he recorded his statement, which
corroborated what Sunil Paswan had said regarding him being able to
support the recovery of arms and ammunition from the house
allegedly belonging to Abhishek Singh. Under the statement, the
incriminating material, i.e., three guns (one with an empty cartridge);
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thirty three live cartridges of 9mm; six empty 9 mm cartridges and
four empty 9 mm cartridges, were recovered vide memo Ex. P14.
They were sent for analysis to the laboratory at Chandigarh. Further,
his statement shows that the accused, Pankaj Singh, was arrested on
22.10.2019 vide memo Ex. P21/P22.
24. Now significantly, the witness (P.W. 23) admits that the
statements of neither Sunil Paswan nor Pankaj Singh have been
recorded by him, in his hand, or by any other named persons, under
his instructions. If that were so, it raises the question as to who
prepared these memos, which still needs to be answered by the
prosecution.
25. Pertinent to note here is that no direct evidence is available
which firmly proves the ballistic report, i.e., the expert's report.
Further, neither the expert who analysed and conducted the chemical
analysis nor the author of the report stand examined.
26. Statement of the Investigating Officer that appellant Pankaj
Singh was called to the police station itself is uninspiring in
confidence, for there is no written communication on record which
reflects the same. Further, it is also not his version that he was called
by any other mode or that the coaccused had brought him to the
police station.
12
We find PW23 not to have placed on record any case diary
27.
indicating his movements to the spot of recovery. In light of the given
facts and circumstances, this fact acquires significance. It is also
observed that before arresting the accused, no information was ever
supplied to the family members of any of the accused persons.
Moreover, some of the accused, residents of other States, for
instance, Uttar Pradesh, were arrested without supplying any
information to their relatives. This is in contravention to the
directions issued in D.K Basu v. State of WB (1997) 1 SCC 416, the
relevant portion thereof is as under:
“(3) A person who has been arrested or detained and
is being held in custody in a police station or
interrogation centre or other lockup, shall be
entitled to have one friend or relative or other person
known to him or having interest in his welfare being
informed, as soon as practicable, that he has been
arrested and is being detained at the particular
place, unless the attesting witness of the memo of
arrest is himself such a friend or a relative of the
arrestee.
(4) The time, place of arrest and venue of custody of
an arrestee must be notified by the police where the
next friend or relative of the arrestee lives outside
the district or town through the Legal Aid
Organisation in the District and the police station of
the area concerned telegraphically within a period of
8 to 12 hours after the arrest.”
In pursuance of these directions, Section 79 of the Code of
28.
Criminal Procedure, 1973 was introduced, laying down the process
13
for “Warrant directed to police officer for execution outside
jurisdiction”.
29. The record does not reflect that the house from which the
recoveries were affected belonged to accused Abhishek Singh.
Regarding the conduct of the search, we may also observe that the
owner of the house was not examined. This begs the question that if
both Abhishek and Sunil were aware of the situs of incriminating
articles, then why is it that recoveries were not affected by their
statements or through them?
Nothing on the record suggests that the present appellant had
30.
conspired to commit the offence. At best, as shown from the
testimony of this deponent, the present appellant has only concealed
the relevant incriminating evidence/articles. The materials on record
in no way establish that before the commission of the offence, the
accused had any common purpose, object or intention of committing
the crime, without the same being borne out of the records, the
charge of criminal conspiracy and of common intention which is to be
read with Section 302 of the Indian Penal Code, fails.
31. For the charge of criminal conspiracy under Section 120B of the
Indian Penal Code, 1860, to be established, an agreement between
the parties to do an unlawful act must exist. In some cases, direct
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evidence to establish conspiracy may be absent, but when the lack of
evidence is apparent, it is not safe to hold a person guilty under this
section. To prove the offence of criminal conspiracy, it is imperative to
show a meeting of the minds between the conspirators for the
intended common object. It was observed by a twojudge bench of
this Court in Parveen v. State of Haryana, 2021 SCC OnLine SC
1184, that “A few bits here and a few bits there on which prosecution
relies, cannot be held to be adequate for connecting the accused with
the commission of crime of criminal conspiracy.”
Keeping this abovesaid principle in view, we believe that the
32.
present appellant cannot be convicted of criminal conspiracy under
Section 120B, Indian Penal Code, 1860, solely for having concealed
the location of the incriminating materials/ articles and, in the
absence of any evidence establishing meeting of the minds. Given
that all the other coaccused have been acquitted by the courts
below, meaning they were innocent of the crime, the fundamental
requirement of a criminal conspiracy is not met.
33. Needless to say, the charge of criminal conspiracy also fails on
the ground that a single person cannot hatch a conspiracy.
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34. So far as the second question is concerned, we may refer to
recent judgment of this Court in Geeta Devi Vs. State of U.P. & Ors.
, wherein it was observed that the High Court,
2022 SCC OnLine 57
by virtue of being the First Appellate Court ought to reappreciated
and discussed the evidence on record. Had that been done
completely in the present case, the High Court would have returned a
finding on Section 120B of IPC. The charge of criminal conspiracy
requires meeting of the minds prior to commission of offence, and
with four of the five appeals being allowed and only the present
appellant being convicted, the basic requirement of the section, that
is of two or more persons agreeing to or causing to be done an illegal
act or an act which is not per se illegal but it is done by illegal means,
is not met. The impugned judgment, however, only records that
Section 10 and 30 of the Evidence Act, 1872, which deal with things
having been said or done by a conspirator in reference to common
design and a proved confession being considered as against another
person; are not applicable and then observes that the sentence
handed down to Pankaj Singh does not call for any interference.
Therefore, the Court implies that the conviction in its entirety
16
including the sentence for criminal conspiracy is upheld. Such a
view, in the considered view of this Court, cannot be sustained.
35. Even about the search, we do not find the veracity of the
Investigating Officer’s testimony to be inspiring in confidence on
account of various lapses. For he (a) did not examine the owner of the
house; (b) did not enter his movement in the case diary; (c) did not
record that he took the accused for effecting the recovery; (d) was not
able to describe clearly the area from where the recovery was effected;
(e) admits both the independent witnesses, who do not belong to the
area from where the recoveries were effected; (f) does not associate
any of the residents of the area for conducting the search; (g) does
not examine any of the residents for carrying out any further
investigation and (h) Most importantly he admits that both the memo
of arrest as also the recovery not to have been prepared by him or
bearing his signature and the same too, have many corrections and
overwriting, thus reducing the correctness and authenticity of this
document.
36. Furthermore, he is not clear about the description of the articles
recovered. Illustratively, in the memo, he records one black colour
scarf to have been recovered, but on a pointed query put by the
Court, he admitted that not to be so but only a black cloth which
17
undoubtedly cannot be equated to a scarf. Furthermore, there needs
to be more clarity in his mind about whether the tank from where the
articles were recovered was full of water.
37. It has come on record that the recovered arms and ammunition
were first sent to the laboratory at Raipur and, after that, to the
laboratory at Chandigarh. However, none had come forward to prove
the report received from the said laboratories. Furthermore, there is
nothing on the record besides any other scientific evidence linking the
accused to the recovered articles.
38. The Investigating Officer is the person tasked with determining a
direction, the pace, manner and method of the investigation. In
Amarnath Chaubey v. Union of India (2021) 11 SCC 80 , it was
observed that the police has a primary duty to investigate upon
receiving the report of the commission of crime. In Manohar Lal
, this Court observed
Sharma v. Union of India (2014) 2 SCC 532
that one of the responsibilities of the police is protection of life, liberty
and property of citizens. The investigation of offences to bring the
offender to the book and facilitate the ultimate search for truth is one
of the important duties the police has to perform. This is a statutory
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duty under the Cr.P.C. and is also a constitutional obligation
ensuring the maintenance of peace and the upholding of rule of law.
39. On the responsibility cast on an officer investigating a crime,
this Court in ,
Common Cause v. Union of India (2015) 6 SCC 332
observed as under :
There is a very high degree of responsibility placed on an
“31.
investigating agency to ensure that an innocent person is not
subjected to a criminal trial. This responsibility is coupled with
an equally high degree of ethical rectitude required of an
investigating officer or an investigating agency to ensure that the
investigations are carried out without any bias and are
conducted in all fairness not only to the accused person but also
to the victim of any crime, whether the victim is an individual or
the State.”
It is well recognised that the Magistrate concerned is not
40.
empowered to interfere with the investigation being carried out up
until the submission of the report by the said officer. Needless to
state then that the role of the Investigating Officer is essential and
crucial. Chapter XII of Cr.P.C. titled as “information to the police and
their powers to investigate”, lays down the procedure and course of
action to be taken by the police upon receipt of the commission of an
offence cognizable in nature. Section 156 lays down the power of
investigation; Section 157 the procedure thereof; Section 160 the
power to require attendance of a witness, Section 161 conduct
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examination of such witness, etc. Section 172 requires such police
officer to maintain a case diary and Section 173 lays down the format
and the procedure for the report to be issued by such officer.
| 41. This Court has in Pooja Pal v. Union of India (2016) 3 SCC<br>135, expounded as under for criminal investigations and its success : | ||
|---|---|---|
| “96. The avowed purpose of a criminal investigation and its<br>efficacious prospects with the advent of scientific and technical<br>advancements have been candidly synopsised in the prefatory<br>chapter dealing with the history of criminal investigation in the<br>treatise on Criminal Investigation — Basic Perspectives by Paul B.<br>Weston and Renneth M. Wells: | ||
| “Criminal investigation is a lawful search for people and things<br>useful in reconstructing the circumstances of an illegal act or<br>omission and the mental state accompanying it. It is probing from<br>the known to the unknown, backward in time, and its goal is to<br>determine truth as far as it can be discovered in any postfactum<br>inquiry. | ||
| Successful investigations are based on fidelity, accuracy and<br>sincerity in lawfully searching for the true facts of an event under<br>investigation and on an equal faithfulness, exactness, and probity<br>in reporting the results of an investigation. Modern investigators<br>are persons who stick to the truth and are absolutely clear about<br>the time and place of an event and the measurable aspects of<br>evidence. They work throughout their investigation fully<br>recognising that even a minor contradiction or error may destroy<br>confidence in their investigation. | ||
The joining of science with traditional criminal
investigation techniques offers new horizons of efficiency in
criminal investigation. New perspectives in investigation bypass
reliance upon informers and custodial interrogation and
concentrate upon a skilled scanning of the crime scene for
physical evidence and a search for as many witnesses as
possible. Mute evidence tells its own story in court, either by its
20
own demonstrativeness or through the testimony of an expert
witness involved in its scientific testing . Such evidence may serve
in lieu of, or as corroboration of, testimonial evidence of
witnesses found and interviewed by police in an extension of
their responsibility to seek out the truth of all the circumstances
of crime happening. An increasing certainty in solving crimes is
possible and will contribute to the major deterrent of crime—the
certainty that a criminal will be discovered, arrested and
.”
convicted
(Emphasis in original)
With reference to case diaries, it has been observed by this
42.
Court in Bhagwant Singh v. Commission of Police (1983) 3 SCC
344 , a twoJudge Bench observed that entries into the police diary
shall be with (a) promptness; (b) in sufficient detail; (c) containing all
significant facts; (d) in chronological order; and (e) with complete
objectivity.
This Court in
43. Mohd. Imran Khan v. State (Govt. of NCT of
| Delhi), (2011) 10 SCC 192, | observed as under while noting the effect |
|---|
of objectionable features and infirmities on criminal investigations:
“31. The investigation into a criminal offence must be free from
all objectionable features or infirmities which may legitimately
lead to a grievance to either of the parties that the investigation
was unfair or had been carried out with an ulterior motive which
had an adverse impact on the case of either of the parties. The
investigating officer is supposed to investigate an offence
avoiding any kind of mischief or harassment to either of the
party. He has to be fair and conscious so as to rule out any
possibility of bias or impartial conduct so that any kind of
suspicion to his conduct may be dispelled and the ethical
21
| conduct is absolutely essential for investigative professionalism.<br>The investigating officer | ||
|---|---|---|
| “is not merely to bolster up a prosecution case with such<br>evidence as may enable the court to record a conviction<br>but to bring out the real unvarnished truth”. |
Keeping in view the aforesaid principles and applying them to
44.
the present set of facts, we may observe that the Investigating Officer
did not meet the obligations he was under. As we have noticed above,
numerous infirmities affected the conduct of the Investigation Officer
calling into question, credibly, the investigation conducted by him or
upon his directions.
Conclusion
In the considered opinion of the Court, the High Court, without
45.
appreciating the testimonies of the witnesses mentioned above in
their true import and meaning, and without having any discussion
concerning the complicity of the accused, in a perfunctory manner
held the prosecution to have established the case, which is entirely
circumstantial in nature, against the present appellant. Significantly,
the High Court holds that the evidence reveals that “in all human
probability the act must have been done by the accused”. Inter alia, it
22
is this finding which we find to be erroneous, for the principle of
determining the guilt of the accused in a case involving
circumstantial evidence is not that of probability but certainty and
that all the evidence present should conclusively point towards only a
singular hypothesis, which is the guilt of the accused, Pankaj Singh.
46. Given the above, the Judgment dated 14.1.2016 passed by the
High Court of Chhattisgarh at Bilaspur in Criminal Appeal No.468 of
2013 titled Maghavendra Pratap Singh @ Pankaj Singh v. State of
Chhattisgarh is set aside and the appeal is allowed.
47. The three questions noted above are answered accordingly.
48. If not already released, the accused is directed to be set at liberty
forthwith.
Interlocutory applications, if any, are disposed of.
...........................................J.
(B.R. GAVAI)
.........................................J.
(SANJAY KAROL)
Dated : 24th April, 2023;
Place : New Delhi.
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