SONVIR @ SOMVIR versus THE STATE OF NCT OF DELHI

Citation: [2018] 7 S.C.R. 830 · Decided: 02-07-2018 · Supreme Court of India · Bench: ASHOK BHUSHAN · Disposal: Appeal(s) allowed

Cited by 3 judgment(s) · cites 7 · see the full citation network in Lexace

Judgment (excerpt)

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SUPREME COURT REPORTS
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SONVIR @ SOMVIR
v.
THE STATE OF NCT OF DELHI
(Criminal Appeal No. 958 of 2017)
JULY 02, 2018
[ASHOK BHUSHAN AND INDU MALHOTRA, JJ.]
Penal Code, 1860:
ss. 302 and 392 u/s. 34 – Prosecution of three accused,
including appellant (accused No. 2) – For double murder – u/ss.
120-B, 302, 392 and 397-IPC – Trial court relying on the
circumstantial evidence viz. recoveries at the behest of the accused
and the report of the fingerprint expert, convicted all the accused –
High Court, upheld conviction of appellant-accused No. 2 and
accused No. 1 – Accused No. 3 was acquitted granting benefit of
doubt – Appeal by accused No. 2 – Held: In the facts and
circumstances of the case, recoveries cannot be taken as
incriminating evidence – Prosecution has failed to make out the
complete chain of circumstances to establish the guilt of the
appellant-accused beyond reasonable doubt.
Evidence:
Circumstantial evidence – Held: In cases of circumstantial
evidence, every circumstance has to be proved beyond reasonable
doubt – Chain of circumstances should be so complete and perfect
that only inference of the guilt of the accused should emanate
therefrom.
Identification of Prisoners Act, 1920:
ss. 3, 4, 5 and 8 – Power of Police officer u/s. 4 – Whether
can be exercised in absence of Rules framed u/s. 8 – Held: Non-
framing of any rules u/s. 8 does not prohibit the exercise of powers
given u/ss. 3 and 4.
[2018] 7 S.C.R. 830
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Allowing the appeal, the Court
HELD:
Per Indu Malhotra, J.
1. As per the prosecution case, 15 items of golden jewellery,
2 items of silver, 6 silver coins and Rs. 50,000/- in cash were
allegedly recovered from Appellant-Accused No. 2 at the time of
his arrest, which was 16-17 days after the date of the occurrence
of the offence. The said jewellery and cash belonged to the
deceased. Appellant-Accused No. 2 in his statement recorded
under Section 313 Cr.P.C. stated that the recovery was planted,
and that he had been falsely implicated.  It is improbable and
unnatural that 16-17 days after the date of occurrence of the
offence, when each of the accused was apprehended, each of them
was found holding bags of jewellery. The brother of deceased-
PW-4 had denied the suggestion of the prosecution that he was
shown the jewellery recovered from the possession of the accused
persons, or that he identified the jewellery articles to be belonging
to the deceased. The jewellery articles were not identified to be
of the deceased. In these circumstances, the alleged recovery of
jewellery and cash from appellant-accused No. 2 could not be
taken as a piece of incriminating evidence. [Para 6.1][841-E-H;
842-A-C]
2. As regards recovery of a blood-stained knife, the knife
was found to be stained with human blood, no blood grouping
could be given. The High Court found that in the absence of any
witness identifying the weapon of offence used in the commission
of crime, or the opinion of the post-mortem doctors that the injury
was possible by the said knife, or the FSL report regarding the
blood of the deceased being found on the said knife, the knife
cannot be said to be connected with the offence.  Therefore, the
weapon of offence allegedly recovered from appellant-accused
No. 2 and used in the commission of the crime, cannot be taken
as a piece of incriminating evidence against him. [Para 6.2][842-
C-F]
3. The blood-stained shirt recovered at the instance of
appellant-accused No. 2 was sent for analysis to the FSL.  As per
SONVIR @ SOMVIR v. THE STATE OF NCT OF DELHI
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SUPREME COURT REPORTS
[2018] 7 S.C.R.
the FSL report (Ex. PW-33/A), the shirt was found to be stained
with human blood of “B” group, which was the same “blood group”
as that of the deceased. The High Court held the recovery of the
blood-stained shirt from appellant-accused No. 2 to be
incriminating against him, since the blood samples taken from
the bed-sheet at the scene of crime, were also found to be of the
same blood group. The mere matching of the blood-group of the
blood samples taken from the bed-sheet at the scene of crime,
and the blood-stained shirt recovered from appellant-accused No.
2 cannot lead to the conclusion that the appellant had been
involved in the commission of the crime. The prosecution has
not proved that the room from where the blood-stained knife and
blood-stained shirt were allegedly recovered, was in the exclusive
possession of the appellant. Therefore, t

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