Paragraph numbers below are the court’s original numbering, recovered from the source text.
10. It is settled law that the suspicion, however strong it may be, cannot take the place of proof beyond reasonable doubt. An accused cannot be convicted on the ground of suspicion, no matter how strong it is. An accused is presumed to be innocent unless proved guilty beyond a reasonable doubt.
11. In the light of the aforesaid judgment, we have examined the present case. In the present case, the trial court and the High Court have basically convicted and affirmed the conviction under Section 302 IPC, finding the plea of the alibi to be without substance. It is a settled proposition of law that before the burden shifts on the accused under Section 106 of the Evidence Act, the prosecution will have to prove its case. No doubt that in view of the law laid down by this Court in the case of Trimukh Maroti Kirkan v. State of Maharashtra2, which is a case like the present one, where husband and wife reside together in a house and the crime is committed inside the house, it will be for the husband to explain how the death occurred in the house where they cohabited together. However, even in such a case, the prosecution will have to first establish that before the death occurred, the deceased and the accused were seen in the said house. In the present case, the incident had occurred on the intervening night of 28th/29th May, 2004. It was necessary for the prosecution to lead some evidence to establish that on the night of 28th/29th May 2004, deceased and accused were together in the house. This will be more necessary in view of the specific plea of the defence of alibi.
12. We will have to consider as to whether the prosecution has established other circumstances beyond reasonable doubts, which led to no other conclusion than the guilt of the accused. (2006) 10 SCC 681 : 2006 INSC 691 776
13. The prosecution has relied upon the CDRs with regard to mobile phone of the Saroj, Pushpender (accused No.2) and Ravinder Kumar (accused No.1). However, both the Courts found the said evidence to be inadmissible as it was not proved in terms of Section 65A of the Evidence Act. The circumstances relied upon by the prosecution is with regard to the seizure of the bloodstained clothes allegedly used by the appellant at the time of commission of the crime beneath the double bed from his parental home at Chandrawal. We find that the said recovery cannot be relied for more than one reasons. For a recovery to be admissible on the statement made under Section 27 of the Evidence Act, it has to be from such a place which is exclusively within the knowledge of the maker thereof. Indisputably, the recovery is from a place accessible to one and all and the recovery panchnama also does not mention the date regarding such a recovery. Apart from that, there is no entry in malkhana register with regard to the deposit of the said articles and sending them to the FSL for chemical examination. We, therefore, find that the said circumstances cannot be said to be proved beyond reasonable doubt.
14. Apart from that, the prosecution has not been in a position to prove any other circumstance beyond reasonable doubt. The trial court and the High Court have heavily relied on the circumstance that an English calendar (Ex. PX) was found to be hanged in the room. On one side, two sheets of paper both similar computer print outs has been pasted. On one of the sheets, on the left top corner, the name Ravinder followed by mobile telephone number 9818419048 preceded by a drawing of mobile phone with arrow sign, all written in hand can be noticed. On the other sheet pasted on the top, above the calendar, it was printed thus:- “In-Laws: 2791 3334 Self: 9818419048 My Home: 55153285”
15. It has been held that the appellant had hung calendar (Ex.PX) on the wall of the house, where he was residing and the calendar (Ex. PX) would catch the attention of anybody entering the house. It was held that it was deliberate and had an objective. It was also held that Chandrawal house was qualified by the expression “my home” [2024] 3 S.C.R. Ravinder Kumar v. State of NCT of Delhi and the house where the other phone was functional as that of his “in-laws”. The High Court observed thus:- “…The phone number of Chandrawal house was qualified by the expression “my home” and the house where the other phone (27913334) was functional as that of his “In-laws”
16. With this finding and coupled with the finding that in the house the appellant has created a scene so as to make it seem like a robbery, it was held that it was only the appellant who was guilty for commission of murder of his wife.
17. We are of the considered view that the High Court has failed to draw a distinction between the “may have committed the crime” or “must have committed the crime”, as held by this Court in the case of Sharad Birdhichand Sarda (supra). As held by this Court, the suspicion, however strong it may be, cannot take the place of proof beyond reasonable doubt. We, therefore, find that the prosecution has failed to prove any incrimination circumstance beyond reasonable doubt and in any case failed to establish a chain of events intertwined with each other, which leads to no other conclusion than the guilt of the accused.
18. Considering the facts and circumstances, the appeal is partly allowed and the conviction and sentence imposed upon the appellant herein for the offence punishable under Section 302 IPC is set aside. However, the conviction and sentence in respect of the offences punishable under Sections 304B, 498A read with Section 34 IPC are restored.
19. In the present case, the appellant has undergone incarceration for a period of more than fifteen years. In that view of the matter, we direct that it will not be necessary for the appellant to deposit the fine amount. The appellant is directed to be set at liberty forthwith, if not required in any other case.
20. Pending application(s), if any, shall stand disposed of. Headnotes prepared by: Result of the case: Aandrita Deb, Hony. Associate Editor Appeal partly allowed. (Verified by: Madhavi Divan, Sr. Adv.)