RAMPHAL AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) When a criminal trial entirely depends upon the circumstantial evidence and there is absolutely no eyewitness account, the chain of events which lead to a particular circumstance must be a complete one and inspiring confidence before conviction can be based upon such an evidence.

(2.) In the case in hand one Dr. Bhagwan Dass Bhatia, a private Medical Practitioner, in a town known as Tohana, was found in an injured condition in his residential house on 23.12.1993 at 9.00 P.M., by his son Angad Kumar PW8, who allegedly made a statement Ex. PH before SI Mahinder Singh PW 16, at about 2.20 A.M. on 24.12.1992. When the son found the father in such an injured condition lying on the ground and bleeding profusely, the father could neither tell about the two persons, who had inflicted knife injuries to him who had fled away nor could name them. On the statement contained in Ex. PH, formal F.I.R. Ex. PH/2 was recorded at 2.45 A.M. on 24.12.1993 and special report reached the Ilaqa Magistrate at 4.45 A.M. on the same night. Ultimately Dr. Bhagwan Dass Bhatia succumbed to the injuries. SI Mahinder Singh PW16 thereafter went to the scene of occurrence where the dead body of the deceased was lying. He prepared inquest report Ex. PB and sent the dead body for post mortem. He got the scene of occurrence photographed. The negatives of the photographs are Ex. PII to P18 and the positives are Ex. P19 to P26. The Investigating Officer lifted blood stained earth and blood stained woolen hand glove of white colour from the scene of occurrence vide memo Ex. P1. He also prepared rough site plan Ex. PR of the scene of occurrence. After post mortem the clothes of the deceased were taken into possession vide memo Ex. PQ.

(3.) During further investigation by Inspector Rohtash SIngh PW 12, it transpired that Gurkirat Singh alias Guri had some enmity with the deceased. Some English Whisky was bought by the said Medical Practitioner. Gurkirat Singh had some telephonic conversation with him which was heard by Gulshan Kumar PW9 while he was present in the shop of Dr. Bhagwan Dass Bhatia. So in a nut shell, it was expected that