EZHIL AND ORS. versus STATE OF TAMIL NADU

Citation: [2002] 3 S.C.R. 431 · Decided: 24-04-2002 · Supreme Court of India · Bench: R.P. SETHI · Disposal: Dismissed

Judgment (excerpt)

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EZHIL AND ORS. 
A 
v. 
STATE OF TAMIL NADU 
APRIL 24, 2002 
[R.P. SETHI AND DORAISWAMY RAJU, JJ.] 
B 
Penal Code, 1860 : Sections 302, 394, and 34 
Murder-Robbe~ircumstantial evidence-Articles belonging to 
deceased-Recovery from accused persons after the occurrenc,,_Fai/ure of C 
accused to explain possessiorr-presumption as to guilt of accused----Conviction 
based on-Held, justified. 
Evidence Act, 1872 : Section 114-Illustration (a)-App/icability of. 
Presumption-Accused-Possession of stolen goods-Absence of D 
reasonable' explanation by accused-Presumption as to guilt of accused-
Permissibility of 
The appellants were prosecuted under Section 364, 392 and 302 read 
with Sections 34 and 120-B IPC. The entire prosecution case was based on E 
circumstantial evidence; (i) An Inspector of Police, PW-4, intercepted a car 
on 11.3.1994 at about 5.00 a.m. in which the three accused were together; (ii) 
the car was entrusted to the accused persons. Particularly A-3 as its Driver 
and A-2 as its Cleane;·; (iii) the car when intercepted was found carrying the 
articles, which were proved to he that of the deceased as also those entrusted 
to him by others; (iv) that when PW-4 asked A-1 to show the passport, he F 
produced the same which really belonged to the deceased and from the 
suitcase of the deceased found in the dicky even the driving license of the 
deceased was retrieved; (v) that all the recoveries of the articles from the car 
were prior to the discovery of the body of the deceased in almost less than 24 
hours; (vi) that the articles with blood stains, particularly the bed-sheet, lungi G 
and chappals recovered from the car were, as per Serologist Report, stained 
with human blood for which no reasonable explanation was offered (vii) that 
the accused did not give any reasonable explanation for all the stolen articles 
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being found in their possession immediately after the occurrence; (viii) that 
the deceased was serving in Saudi Arabia and when he was due to visit India, 
431 
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432 
SUPREME COURT REPORTS 
[2002) 3 S.C.R. 
A he was entrusted with certain articles by PW-15 and PW-23 also, which were 
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identified and proved by them; and (ix) the post-mortem report indicated that 
fatal injury No. 1 sustained by the deceased could have been caused by a stab 
inflicted with knife. 
B 
The Trial Judge found the first accused guilty under Sections 364, 302, 
392 and 201 IPC, the second and third accused guilty under Sections 364, 
302 read with Sections 34, 392 read with Sections 34 and 201 IPC. The High 
Court expressed certain doubts as also want of faith on some of the witnesses 
and their statements in court However, it placed strong reliance upon the 
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recovery of the articles belonging to as well as in the possession of the deceased 
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c when he arrived from abroad from the possession and custody of the accused 
shortly after the commission of the offences. Applying the presumption in 
Illustration (a) to Section 114 of the Evidence Act and noticing the absence 
of any plausible or reasonable explanation by accused persons for being in 
possession of those articles, the High Court held that notwithstanding the fact 
that they cannot be convicted under Sections 364 and 201, IPC their 
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D conviction, under Sections 302 and 392 read with Section 34 IPC would stand 
affirmed. 
In appeal to this Court it was contended on behalf of the appellants that 
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various circumstances noticed by the courts below to indict the accused of 
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the offences found guilty cannot be said to be proved or substantiated beyond 
reasonable doubt and even the circumstances found substantiated do not go 
to form the necessary link to constitute a chain inevitably leading to the guilt 
of the accused of the offences charged with and held proved. 
Dismissing the appeals, the Court 
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HELD : 1. The basic and vitally important facts necessary for drawing 
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the presumption by applying illustration (a) to Section 114 of Evidence Act, 
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are found to have been substantiated and proved beyond reasonable doubt, 
by overwhelming evidence on record. The presence of all the accused in the 
car when the same was intercepted and they were interrogated, with all the 
G articles recovered from the dicky of the car have been found established by 
other evidence, even dehors the written statement. [440-E, F, H; 441-A] 
2. The accused have not been able to properly or reasonably explain as 
to the legitimacy o

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