LexSHELKH SINTHA MADHAR @ JAFFER @ SINTHA ETC versus STATE REP. BY INSPECTOR OF POLICE
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(2016) 2 S.C.R. 936 A SHElKH SINTHA MADHAR @ JAFFER @ SINTHA ETC. B v. STATE REP. BY INSPECTOR OF POLICE (Criminal Appeal Nos. 2118-2119 Of2009) APRIL 13, 2016 [PINAKI CHANDRA GHOSE AND AMITAVA ROY, JJ.] Penal Code, IB60- ss. 148, 302, 201and120B - Conspiracy hatched by 13 accused in two groups (Al to A6 and A 7 to Al 3) to kill doctor, BJP town secretary-Al to A7 formed unlm1ful assembly C -Al to A6 attacked the doctor with weapons resulting in his death, and A7 stood nearby unarmed - Deceased's daughter-PW I witnessed the incident - Conviction and sentence of Al to A6 for the offences punishable u!ss. 120-B read with s. 302, s. 14B ands. 302 (Jnd A 7 for the offence punishable ulss. 147, I 09 read with s. D 302 - However, A8 to Al 3 acquitted of all the charges - Order of trial court upheld by High Court - On appeal. held: Cogent and convincing evidence of PWI, corroborated by PW65 - PWI was not named in the inquest report as also first informant not named PWI in the complaint, such omission not fatal - PWI s statement E cannot be rejected only on the ground that she is an interested witness - Statement of PWI corroborated by the medical examination - PWI saw the assailants at night because there was sufficient light to see them - No inordinate delay in conducting the TIP - Joint TIP would not affect the validity of TIP - Murder of the doctor proved by the aid of the eye-witnesses - Conspiracy proved beyond F reasonable doubt between Al to A6 - Conviction qf Al to A6 based on proper appreciation of evidence, thus, does not call for interference - A 7 was charged for the offence u!s. 1091302 along with AB to Al 3 on the basis of the conspiracy hatched and AB to Al3 have been acquilled - Offence of s.147 not proved beyond G reasonable doubt and A 7 's presence doubtjiil - Thus, A 7 not liable for abetment to commit murder by Al to A6 and his conviction is set aside. Allowing Crl Appeal No. 2117/2009 and dismissing Crl Appeal Nos. 2118-2119/2009, the Court. H HELD: 1.1 The statements of PWl and PW65 arc not 936 SHEIKH SINTHA MADHAR @ JAFFER @ SINTHA ETC. v. 937 STATE REP. BY INSP. OF POLICE contradictory to each other, rather they are complementary to ·A each other. Merely because PW65 did not see PWl until the accused had left, does not mean that she was not present at the place of occurrence and she did not witness the occurrence. She already stated that she was afraid of her own life and so she was hiding to some extent, and thus, PW65 might not have seen her. _ B PW65 made a call to the police but did not mention PW! 's presence to the police at that time. This fact is quite natural as in the commotion, he had made a police call only to inform the police about the incident and could not provide details for the same. [Para 12] [943-B-C] 1.2 The fact that PWl was not named in the inquest report is of no consequence as the inquest report relates to the cause of death and not the witnesses' account of the incident. The first informant though had not named PWl in the complaint such omission is not fatal in the face of otherwise cogent and convincing evidence of PWl, corroborated by PW65. The other eyewitnesses turned hostile during the trial and did not support the prosecution case at all, but that does not affect the statements of PWl and PW65. PWl 's statement cannot be rejected only on the ground that she is an interested witness as sheo has been particularly corroborated by PW65's testimony. [Para 13] (943-D-E] 1.3 PWl could have seen the assailants at night because the area was illuminated by the electric lights all around and there was sufficient light to sec them. Also, the fact that she was sitting in an air-conditioned room was not couclusively proved and it is quite natural that at 10 p.m. in the night, when the roads and neighbourhood are quiet, and there is no hustle-bustle like daytime, even a slight noise can be heard. Thus, the screams of the deceased could have been easily heard and identified by his daughter and there was nothing unusual for her to come out and witness the incident, as she was by then already expecting the return of her father from the clinic. The post-mortem report states that most of the wounds are deep cut wounds but the. same can be caused by a knife. To this extent, the statement of PWl is corroborated by the medical examination. [Para 14, 15] [943-G- H; 944-A, C-D) c D E F G H 938 SUPREME COURT
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