HATTI SINGH versus STATE OF HARYANA

Citation: [2007] 5 S.C.R. 221 · Decided: 17-04-2007 · Supreme Court of India · Bench: S.B. SINHA · Disposal: Appeal(s) allowed

Cited by 2 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

_.. " 
HATIISINGH 
A 
v. 
STATEOFHARYANA 
APRIL 17, 2007 
[S.B. SINHA AND MARKANDEY KA TJU, JJ.] 
B 
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Penal Code, 1860-ss. 364/30211201 rlw s.34-Murder-Circumstantial 
evidence-Appellant convicted by Courts below-Other three accused 
however acquitted-Held: Only distinctive features to hold Appellant guilty, c 
while acquitting other three accused were 'last seen together' evidence and 
a confession of Appellant leading to recovery of num'ber plate of the vehicle 
owned by deceased-However 'last seen together' evidence not proved-
Presumption under s.114 of the Evidence Act may be raised in respect of 
commission of theft or receipt of stolen property, if a person is found to be 
in possession of the property belonging to the deceased, but on such D 
I 
presumption alone, Appellant could not have been convicted for commission 
x 
of murder particularly when on the same evidence other accused had been 
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given benefit of doubt-Appellant also entitled to benefit of doubt-Arms 
Act, 1959-s. 25-Evidence Act, 1872-s.114. 
Evidence-Circumsta·ntial evidence-Appreciation of-Held: 
E 
Conviction can be based on circumstantial evidence-But therefor 
prosecution must establish that the chain of circumstances only consistently 
point to guilt of the accused and is inconsistent with his innocence-
Circumstances from which inference of guilt is sought to be drawn are 
_.,, 
required to be cogently and firmly established-They have to be taken into 
F 
consideration cumulatively-It must be concluded that within all human 
probability the accused committed the crime. 
Four persons including Appellant were accused of causing the death 
of one 'U'. Vehicle owned by the deceased had been found abandoned and 
thereafter recovered by the police. Blood stains were found inside the vehicle. G 
' -.. 
The next day a dead body was recovered from a canal which PW-13 is 
identified to be of'U'. PWIO stated before the police that Appellant and the 
other three accused had hired the vehicle of deceased. PWl 1 stated that he 
was given lift by the deceased in the said vehicle in which the accused persons 
221 
H 
222 
SUPREME COURT REPORTS 
[2007] 5 S.C.R. 
A were also travelling. 
Trial Court convicted Appellant under Sections 364/3021201 r/w Section 
34 but acquitted the other three accused giving them benefit of doubt. The 
grounds for convicting appellant while acquitting the other three accused 
persons, apparently were recovery of pistol and cartridges as also some 
B belongings of the deceased including his photograph and the electricity bill 
as also the confession of the appellant that he had thrown the murder plate of 
the said vehicle in a well and consequent recovery thereof. The conviction 
was upheld by the High Court. 
In support of the present appeal it was contended that (1) the Trial Judge 
C as also the High Court failed to consider the fact that recovery of the articles 
at the behest of the appellant was not free from doubt; (2) the Trial Court 
having disbelieved the testimony of PW-11 being wholly unreliable, there was 
nothing to connect the appellant with the crime on the basis of the statements 
of PW-10 also, whose evidence was also not free from doubt and that (3) 
D Identification of the dead body itself is doubtful as the colours of the clothes, 
on the basis whereof it was identified, as disclosed in the First Information 
.... -
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Report, and the evidence of the Investigating Officer in his inquest report, 
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are different. 
.,_ · 
The State, on the other hand, contended that as from the evidence of 
E PW-10, it would appear that the deceased was last seen with the appellant as 
also in view of recovery of articles belonging to the deceased and the number 
plate of the vehicle from him, all the links in the chain to point out the guilty 
only to the accused, must be held to have been completed. 
F 
G 
Allowing the appeal, the Court 
HELD: 1.L The dead body was recovered after 14 days. It was not in an 
identifiable condition. The dead body was said to have been identified by PW-
13. He stated that the clothes seemed to be of 'U'. He was, thus, not definite 
thereabout. (Para 12) (227-F-G) 
1.2. In the First Information Report, the clothes, which were worn by 
the deceased, as disclosed by PW-9, was said to be of blue colour with white 
stripes. The clothes were identified on the basis of the fact that the same had 
been tailored by one of the brothers of the deceased. He had not been examined 
for reasons

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