RAM PRASAD Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Gruesome murder of four persons including one child of nine months has been alleged against the accused herein who happened to be the son-in-law of the family. The father-in-law aged about 60 years, the daughter, being the wife aged about 28 years, a child of nine years and a new born girl child of nine months were done to death by strangulation - obviously gruesome and one shudders to note such a state of affairs. The justice delivery system of the country, however, has one basic principle to wit that the prosecution must prove the case beyond any reasonable doubt. It is in this context, evidence ought to be noticed. Admittedly, there is no direct evidence available and the entire edifice rests upon circumstantial evidence and it is in this context as well that the learned advocate appearing in support of the appeal against an order of acquittal of the son-in- law pointedly referred to a decision of this court. In the case of Ashok Kumar chatterjee v. State of Madhya Pradesh1, wherein this Court upon consideration of a long catena of decisions, held that when a case rests upon circumstantial evidence, such evidence must satisfy the following tests:

(2.) Incidentally, on the same score this Court also in Pawan Kumar v. State of haryana1, stated as below:

(3.) The law, thus, seems to be well settled on this score that the circumstances must pointedly point to the accused and none others and there cannot thus be any manner of dispute on that score. The issue thus arises as to whether available evidence satisfy such a requirement as above or not. Whereas the learned sessions judge came to a conclusion that the matter in issue falls within the category of rarest of the rare cases and as such the accused deserved to be hanged. The High Court in appeal, however, thought to the contrary and acquitted the accused on the ground that there is no causal connection between the crime alleged and the conduct of the accused neither the prosecution has been able to prove the same. The High Court in support of its reasoning has taken recourse to the four specific instances to come to the conclusion that the prosecution has not been able to prove its case. The instances being: