Paragraph numbers below are the court’s original numbering, recovered from the source text.
11. Thereafter, the above principles have been reiterated in the subsequent judgments of this Court and hold the field till date. Thus, these basic established principles can be summarized in the following terms that the chain of events needs to be so established that the court has no option but to come to one and only one conclusion i.e. the guilt of the accused person. If an iota of doubt creeps in at any stage in the sequence of events, the benefit thereof should flow to the accused. Mere suspicion alone, irrespective of the fact that it is very strong, cannot be a substitute for a proof. The chain of circumstances must be so complete that they lead to only one conclusion that is the guilt of the accused. Even in the case of a conviction where in an appeal the chain of evidence is found to be not complete or the courts could reach to any another hypothesis other than the guilt of the accused, the accused person must be given the benefit of doubt which obviously would lead to his acquittal. Meaning thereby, when there is a missing link, a finding of guilt cannot be recorded. In other words, the onus on the prosecution is to produce such evidence which conclusively establishes the truth and the only truth with regard to guilt of an accused for the charges framed against him or her, and such evidence should establish a chain of events so complete as to not leave any reasonable ground for the conclusion consistent with the innocence of accused.
12. It needs a mention here that although both the accused were put to trial to face charges under Section 302, 201 read with Section 34 of IPC, but they were acquitted of the charge of Section 34 of IPC, as it has been not established rather finding was returned that there was no common intention prior to the commission of the offence. Accused No. 02 was held guilty under Section 201 of IPC (causing disappearance of evidence) only, and was thus, sentenced to four years of imprisonment.
13. At this point, it is apposite to discuss the relevant testimonies and evidence presented by the prosecution aimed at establishing the guilt of the Appellant and Accused No. 02. [2024] 11 S.C.R. Karakkattu Muhammed Basheer v. The State of Kerala
14. The prosecution presented the testimony of PW2-V.T Lakshmi and PW3-V.T Ambika (mother and sister of deceased respectively) who in their testimonies stated that the deceased Gouri told them that she was going to the house of Accused No. 02 and they saw the deceased going till the turn towards the house of Accused No. 02 at around 7:30 PM on the date of incident i.e., 16.08.1989. They also acknowledged the fact that Accused No. 02 is related to them and they regularly visited each other’s house and had cordial relations.
15. The factum that the deceased had gone to the house of Accused No. 02 at around 7:30 PM on the date of incident is not disputed as the two children of Accused No. 02 who are PW10-T.K. Ramya and PW11- T.K. Radhesh have also stated in their statement that deceased was present in their house in the evening of 16.08.1989. However, they have added that she had left the house at around 9:00 PM and did not return thereafter.
16. As regards the Appellant, the evidence which has been brought on record by the prosecution to establish his presence in the house of Accused No. 02 is the statement of PW14-K.V. Raman, who had stated that he had seen the Appellant entering the house of Accused No. 02 at around 11:30 PM on the date of incident. PW20-K. Majeed, a taxi driver has been produced by the prosecution, who had stated that he saw the Appellant at 5:30 AM on 17.08.1989 at Parappanangadi bus stand, heading towards the railway station. He further stated that the Appellant was wearing a coffee brown shirt, white spotted lungi and a bath towel was tied around the head.
17. These are the two witnesses who have been produced to establish presence of the Appellant in the house of Accused No. 02 on the date of incident. PW-14 is stated to have seen the Appellant going to the house of Accused No. 02 at 11:30 PM in the night of incident and PW-20 has seen the Appellant leaving the town, the following morning. They are the two witnesses who can be said to be the star witnesses as far as the presence of the Appellant in the house of Accused No. 02 is concerned at the night of incident.
18. Another witness who can be said to be crucial for the prosecution case is PW18-Sirajudheen from whose possession and presence, recovery of a bag allegedly belonging to the Appellant was made 506 on 27.08.1989. Blood-stained clothes, a blanket and a head towel belonging to the Appellant are said to have been recovered from this bag. The prosecution claims that these articles belong to the Appellant and the recovery was made on his behest in the presence of PW-18 on 27.08.1989. This witness has actually blown off the lid and falsified the case of prosecution by stating that a police constable visited his shop on 23.08.1989 and took away the bag in question from him. Subsequently, on 27.08.1989 police came in a police jeep and handed him the same bag which was taken from him earlier and opened it, showing articles as stated above, and got his signatures on the prepared Mahazar. It was at this moment he saw the Appellant sitting in the police jeep. This discrepancy casts a serious doubt on the prosecution story regarding recovery of bag and articles contained therein at the behest of the Appellant in the presence of PW18 and that too on 27.08.1989.
19. As regards the discovery of blood stains, cloth stained with blood and coconut scrapper (MO 20) from the house of Accused No. 02 in the presence of of the three witnesses i.e., PW-26 to 28 is concerned, none of them have categorically stated that the police has seized anything in their presence, rather to the contrary they have stated that they were not taken to the spot and were only shown the cotton swabs stained with blood and other clothes which were said to have been recovered from the house of Accused No. 02. PW27-M. Muhammed in his statement stated that police showed him the coconut scrapper and cotton swab and he was told that same were taken from the rooms of Accused No. 02’s house. A similar statement was made by PW28, V. Dasan, who stated that he did not know where the police obtained these material objects from.
20. When the evidence, as has been presented by the prosecution is tested on the standard of proof and parameters discussed above, we are unable to accept the conclusions as reached by the courts below while convicting and sentencing the Appellant.
21. As regards Accused No. 01-the Appellant, the first and foremost evidence which is required to be established is with regard to his presence in the house of Accused No. 02 at the time when deceased Gouri was also there. It is then and only then that it would have been possible for the Appellant to have committed murder of Gouri. Apropos, Gouri’s presence in the house of Accused No. 02, there [2024] 11 S.C.R. Karakkattu Muhammed Basheer v. The State of Kerala is ample evidence to that effect, including the statements of PW10 and PW11, both children of Accused No. 02, who were very much present in the house. Their evidence, which has gone unchallenged clearly establishes the factum that deceased Gouri had left the house at around 9:00 PM on 16.08.1989. Nothing has come on record which would indicate to the contrary, that is with regard to she having returned or continued to stay back at the house of Accused No. 02.
22. The evidence which has been brought on record by the prosecution in the form of statement of PW14, who has claimed to have seen the Appellant entering the house of Accused No. 02 at 11:30 PM on 16.08.1989, belies the aspect of the Appellant having committed the murder of deceased, as prior thereto, the deceased had already left the house in question. Another aspect which needs to be pointed out is that this witness has not come face to face with the Appellant rather he stated that he had only seen the back of the Appellant. This witness acknowledges that he assumed that the person he had seen on the date of incident entering the house of Accused No. 02 was the Appellant as the Appellant typically has been doing so at odd hours. This creates doubt in the story of prosecution, as the presence of deceased and the Appellant in the house of Accused No. 02, at the same time on the day of the incident which was essential for commission of the murder of deceased by the Appellant in the said house, is not conclusively proved by the evidence led by the prosecution.
23. As regards the recoveries which have been affected especially with regard to the weapon of offence from the house of Accused No. 02, suffice to say that those being made not in the presence of independent witnesses, as has been so deposed by PW26 to PW28 and discussed above, the same cannot be relied upon.
24. Similar is the position with regard to the recovery of the bag from PW18, which contained the Appellant’s blood-stained clothes, as well as a blanket with blood stains and other articles. PW18, the witness of recovery, has expressed a doubt with regard to the contents of the bag. He has testified that the bag was handed over to him by the Appellant, 2-3 days prior to 23.08.1989, and on this very date a police constable came and had taken the bag, and he was not shown the contents of the said bag. Thus, as per this witness the bag in question was handed over by him to the police on 23.08.1989 508 whereas, as per the recovery memo, this bag was recovered and seized on 27.08.1989, when the police party came along with the Appellant in a police jeep and opened it showing the articles contained therein and the witness was made to sign the Mahazar. The said recovery which is alleged to have been made at the instance of Appellant, thus cannot be accepted as the same is not borne out from the evidence of the witness. Rather the possibility of the articles having been planted in the bag cannot be ruled out.
25. Additionally, relying on the testimony of PW20, the prosecution suggested that after killing Gouri, the Appellant left the town in between 5:00-5:30 AM on 17.08.1989. As per the case of the prosecution, the Appellant having disposed of the body in the paddy field, returned to the house of Accused No. 02 and thereafter left again for his destination. A perusal of the testimony of PW20, does not indicate as to from where the Appellant was actually coming from when this witness saw him. Additionally, this witness has stated that he had seen the Appellant from a distance, that too very early in the morning. Assuming this testimony to be true, it is not established that the Appellant was coming from the house of Accused No. 02.
26. Another aspect that further casts a doubt with regard to the identity of Appellant is that the clothes which are alleged to have been worn by the Appellant while going to the house of Accused No. 02 as per PW14, and clothes he was wearing while returning as per PW20, were not produced in the court to be identified by these witnesses. It is not the case of the prosecution that these clothes were put to these two witnesses for identification thereof, which are alleged to have been worn by the Appellant at the time of commission of the offence.
27. As per the case of prosecution, the time of death of the deceased Gouri has got to be after 11:30 PM, as it has been held by the courts that it is the Appellant alone who had committed her murder. The body obviously would have been disposed of prior to 5 AM on 17.08.1989. It has come on record that the distance between the house of Accused No. 2 and the paddy field where the body was found is about 1 KM; in between there is a sawmill which runs 24 hours. If the case of the prosecution is to be accepted, according to which the Appellant had carried the dead body of the deceased Gouri on his shoulder from the house of Accused No. 02 to the paddy fields, [2024] 11 S.C.R. Karakkattu Muhammed Basheer v. The State of Kerala someone would have most likely seen him on the way, especially when there was a running mill in between from where the Appellant is said to have crossed. This further raises a doubt with regard to the credibility of the case as has been projected by the prosecution.
28. In the light of the above, when tested upon the anvil of the principles and parameters laid down by this Court, as referenced earlier, the prosecution has miserably failed to indicate the involvement of the Appellant in the commission of the offence, what to say of establish, for which he was charged. The chain of circumstances which are being sought to be projected by the prosecution to be complete has glaring holes and significant gaps, which leads this Court to come to the conclusion that the prosecution has failed in its endeavour of bringing home the guilt against the Appellant. The case having not been proved what to say of beyond reasonable doubt against the Appellant, the impugned judgments cannot sustain and are set aside.
29. The Appellant is acquitted of all the charges. In case the Appellant has been released on bail, the bail bonds and the sureties, if any, are hereby discharged. The Appellant be set free forthwith.
30. The Appeal is allowed in the above terms. Result of the case: Appeal allowed. †Headnotes prepared by: Nidhi Jain