LexSATISH NIRANKARI versus STATE OF RAJASTHAN
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A B [2017] 4 S.C.R. 298 SATISH NIRANKARI v. STATE OF RAJASTHAN (Criminal Appeal No. l 074 of 2007) JUNE 09, 2017 [A. K. SIKRI AND ASHOK BHUSHAN, JJ.) Penal Code, 1860- ss. 302, 309- Murder -Attempt to commit suicide - On facts, death of a girl - Girl and appellant in love with C each other, however because of difference in caste, girl:~ family did not give approval to their marriage - Appellant and girl consumed copper sulphate - Thereafter, the girl hanged herself resulting in her death -Appellant survived the attempt since he consumed lesser quantity - Conviction and sentence of appellant uls. 302 and 309 by the courts below - On appeal, held: Prosecution failed to prove D that the cause of death was homicidal - Doctor as also post-mortem report does not say that it was homicidal - Girl and appellant went to the place of the incident together - Statement of the appellant that as girl :S health deteriorated, he went out to seek neighbours help but found her hanging when he returned and thereafter, rushed E her to the hospital - Appellants conditions deteriorated after consuming poison and he remained in the hospital for 50 days - Bindi, vermillion, bangles, rose garland recovered from the place of incident - Also suicide note in the writing of the girl - All factors amply demonstrate that the prosecution failed to bring out and prove the guilt of the appellant beyond reasonable doubt - There are F lurking doubts and many missing links - Conviction of the appellant u/s. 302 set aside. Criminal jurisprudence - Criminal cases not to be decided on the basis of hypothesis - Prosecution is to prove the guilt of the accused charged for such an offence and that too, beyond G reasonable doubt. H Evidence - Circumstantial evidence - Reliability of - Held: In a case where there is no eyewitness and, which rests 011 circumstantial evidence, prosecution is obligated to prove all those circumstances which leave no manner of doubts to establish the 298 SATISH NIRANKARI v. STATE OF RAJASTHAN 299 guilt of the accused person - Chain of circumstances must be A complete and must clearly point to the guilt of !he accused. Allowing the appeal, the Court HELD: 1.1 It is a case of circumstantial evidence and there is no eyewitness to the incident in-question. Cause of death of the victim-'P', as per the medical report, was Asphyxia and 8 ligature marks were found over her neck. Further, both the appellant as well as 'P' had consumed copper sulphate. It is the quantum of the said poisonous substance which made the difference. Inasmuch as lesser quantity consumed by appellant was the reason that he survived, coupled with the fact that he c could be taken to the hospital before his conditions deteriorated. However, he remained in the hospital for 50 days which shows that the substance consumed by him also had deleterious effects. It is also an admitted case that both 'P' and appellant were in love with each other which had blossomed over a period of time. Their affection for each other was known to 'P's family but was D not taken positively. 'P's father himself stated that because of difference in caste, such an inter-caste marriage had not happened in their family. He, thus, accepted that 'P's family refused to give their blessings to the intentions of couple to tie a matrimonial chord. [Para 21][313-G-H; 314-A-C] E 1.2 The story put forth by the appellant is plausible. As per him, 'P' was subjected to physical abuse and beatings and was, in fact, mercilessly beaten even on the day of incident. When she was madly in love with the appellant and wanted to marry him, there is a possibility that after receiving such kind of shabbily F treatment at the hands of her parents, in anguish she may have decided to revolt and, therefore, proposed to the appellant, that they should get married for which they chose a secluded place. This fact cannot be wished away that from the place of the incident, bare essentials necessary for a marriage which a couple would like to perform in such circumstances, have been recovered. G These are in the form of garlands, bangles, bindi, sindoor etc. Thus, the appellant and the deceased got married in such a charged atmosphere. After the marriage was performed, 'P' might have started thinking as to what would lie ahead. Knowing the adamant, stiff and belligerent attitude of her family, she might H 300 SUPREME COURT REPORTS [2017] 4 S
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