MALTI SAHU versus RAHUL & ANR.

Citation: [2022] 7 S.C.R. 440 · Decided: 11-07-2022 · Supreme Court of India · Bench: M.R. SHAH · Disposal: Appeal(s) allowed

Judgment (excerpt)

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SUPREME COURT REPORTS
[2022] 7 S.C.R.
MALTI SAHU
v.
RAHUL & ANR.
(Criminal Appeal No. 471 of 2022)
JULY 11, 2022
[M. R. SHAH AND B. V. NAGARATHNA, JJ]
Penal Code, 1860: s. 302 – Murder – Prosecution case that
respondent committed murder of brother and sister – Complaint by
the mother – Conviction and sentence of the respondent u/s. 302
for committing the murder of the brother and sister by the trial court
– However, the High Court set aside the order – On appeal, held:
Prosecution witness had seen the accused alongwith the deceased
going to their house – Though he turned hostile but his evidence
can be considered to that extent – Prosecution established and
proved the motive as regards the accused – Recovery of the knife in
three pieces, having blood stains recovered from the place of
occurrence, was used for commission of the offence, and establishes
the guilt of the accused – Also proved that it was accused who
purchased the said knife – Recovery of Loi having blood stains of
the deceased as well as of the accused, was on the basis of the
disclosure statement made by the accused himself – Further the
accused failed to explain the injury on him – Thus, High Court
erred in holding that the prosecution failed to prove the link
evidence, which could establish and bring home the guilt of the
accused – Findings of the High Court perverse – High Court did
not properly appreciate the entire evidence on record – Thus, the
order passed by the High Court acquitting the accused not
sustainable, and is quashed and set aside.
Allowing the appeals, the Court
HELD: 1.1 Though, PW-8 initially made a statement before
the Police that he had seen the accused alongwith the deceased
going to their house, but before the court, he turned hostile.
However, during the course of cross-examination, he stated that
K-deceased, a few days before the incident had disclosed to him
that accused R had made some obscene gestures at her. As per
the settled position of law, even the evidence of a hostile witness
[2022] 7 S.C.R. 440
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can be considered to the extent, it supports the case of the
prosecution. Therefore, prosecution has established and proved
the motive as regards the accused. [Para 7][448-E-G]
1.2 Another link in the evidence, which establishes and
brings home the guilt of the accused person is the recovery of
the knife in three pieces, having blood stains recovered from the
place of occurrence, which was used for commission of the offence.
The prosecution was successful in establishing and proving that
it was the accused, who purchased the said knife from PW-9 who
not only identified the knife purchased by the accused, but also
clearly stated that the knife, found in three pieces is the same,
which was purchased by the accused. He has also identified the
accused. As per the medical report and the post-mortem report,
the cause of death was a result of hemorrhage and shock
consequent upon slitting of the throat. Thirteen ante mortem
injuries were found on the person of G and eight injuries on the
body of K. It was opined that the same could have been caused
by a sharp-edged weapon. PW-3, doctor who conducted the post-
mortem  stated in her evidence that the injuries could be possible
with the weapon examined when taken as a whole-single weapon.
She stated that even the throat injury was possible with three
pieces and it was possible that the weapon might have broken
during the process. It has been established and proved that during
the use of weapon-knife, in commission of the offence, the same
might have been broken. [Para 7.1][448-H; 449-A-E]
1.3 The next link in the chain of evidence is the recovery
of Loi having blood stains of the deceased K as well as of the
accused, which Loi was recovered on the basis of the disclosure
statement made by the accused himself. Though, Panchas to the
recovery panchnama/disclosure panchnama had turned hostile,
still the prosecution has proved the same through the I.O.
However, unfortunately, the High Court has doubted the DNA/
CFSL report on grounds, which are not germane, namely, the
human hair in the hands of K was not examined; blood stains
were not properly presented. However, the High Court has not
gone in the detailed discussion of the CFSL Report on record.
Having gone through the CFSL Report as well as the depositions
of the witnesses from the CFSL, the blood on the Loi was found
MALTI SAHU v. RAHUL & ANR.
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SUPREME COURT REPORTS
[2022]

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