LexSTATE OF WEST BENGAL versus MIR MOHAMMAD OMAR AND ORS. ETC. ETC.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
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STATE OF WEST BENGAL
v .
. MIR MOHAMMAD OMAR AND ORS. ETC. ETC.
AUGUST 29, 2000
[K.T. THOMAS AND R.P. SETHI, JJ.]
Penal Code, 1860-Sections 302 and 364 read with Section 34-
Abduction-Murder-Offence of-DeceCf!t!d abducted by the accused pro-
claiming that he would be finished off-Deceased found dead within a couple
of hours of his abduction-Bush shirt worn by deceased at the time of
abduction recovered at the instance of one of the accused-Aforesaid circum-
stances succes~fully established by the Prosecution-Held, if it is proved to the
satisfaction of the Court that the deceased was abducted by the accused and,
he was found murdered within a short time thereafter, the permitted reasoning
process would enable the Court to draw the presumption that the accused have
murdered him-{f any deviation from the aforesaid course would have been
factually correct only the abductors would know about it, because such
deviation would have been especially within their knowledge-The abductors
not having given any explanation as to what happened to the deceased after
he was abducted, the inference would stand undisturbed-Indian Evidence
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Act, 1872-Sections 106, 114-Presumption of fact-Rule of.
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Evidence Act, 1872 :
Reliance on evidence of a junior doctor who wrongly estimated the age
of the deceased and noted that the penis of the dead body had undergone
religious circumcision-Tenability of-Held, this circumstance has no bearing
as the Senior Doctor specialist in Forensic Medicine did not find any evidence
of such circumcision on the dead body-Estimation of age by a novice doctor
without conducting any medical tests not enough to offset the age spoken to by
kith and kin of deceased
Circumstantial evidence :
Injuries-Whether sufficient in the ordinary course of nature to cause
death-Not elicited from the doctor-Held, mere omission to put that question
not enough for the Court to reach a conclusion that the accused were not
relponsible for causing the death of the deceased-Nature of injuries itse(f
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STATE v. MIR MOHAMMED
713
indicating that they were sufficient in the ordinary course of nature to cause
death.
Circumstance regarding the bush shirt of the deceased having been found
with human blood not put to the accused when questioned by Sessions Judge
uls. 313 of the Cr.P.C.-Consequence of-Held, such circumstance cannot be
used against the accused-Code o.fCriminal Procedure, 1973-Section 313.
Practice and Procedure :
Castigation o.f investigation by the Trial Courts while acquitting ac-
rnsed-Practice o.f-Need for restraint-Emphasised.
Deceased was engaged in some small business. A· 7 demanded a sum of
Rs. 50,000 from the deceased for allowing the deceased to deal with his
business unobstructed. The deceased having refused, he was abducted by
the accused persons. His dead body was found a couple of hours later in a
hospital. The Trial Court convicted the accused under Section 364 read with
Section 34 of the Indian Penal Code and sentenced them to rigorous impris·
onment for 10 years. The case against A· 7 having been spoilt up due to some
reasons, had already been dropped. Appeal filed by the State against the
acquittal for murder was dismissed by a Division Bench of the High Court
and reduced the sentence to a short term imprisonment restricting it to the
period already undergone. The State has challenged the acquittal for mur·
der charge. The accused have preferred appeals challenging their convic·
tion.
On behalf of tl.e accused, it was contended that it was a case of abduc·
tion simplicitor and that such abduction by itself was not punishable by any
provision of the Penal Code; that it was easy for interested witnesses to put
in the mouth of the accused such words as that the deceased would be fin·
ished in orde~ to aggravate the dimension of the offence; that the prosecu·
tion failed to establish that the dead body on which the autopsy was con·
ducted was that of the deceased.
On behalf of the State, it was contended that the bush shirt which the
deceased was wearing at the time of his abduction, was recovered pursuant
to a statement by A· 1 at the time of interrogation by the Investigation Of·
fleer; that the said bush shirt was subjected to serological examination at the
Forensic Sciences Laboratory and it was found stained with human blood.
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SUPREME COURT REPORTS
[2000] SUPP. 2 S.C.R.
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