JUDGMENT
Chidananda Ullal, J.
1. In this case, the case of the prosecution is that, the accused’s wife died a homicidal death by strangulation.
2. The learned Additional State Public Prosecutor, Sri N.V. Prakash argued that there is no eye-witness to the incident and as such, the prosecution had proved the case only by circumstantial evidence. According to him, the circumstances are that the wife of the accused was taken away by him from the house of her sister Bhavani on the day previous, with the presentation to her that he was taking the deceased to his village and thereafter, he had returned to the house of the said Bhavani alone. On enquiry, by the said Bhavani, he told her that the deceased who was in his company was missing in Tumkm- bus stand.
3. According to the learned Additional State Public Prosecutor, the circumstantial evidences are as follows.–
1. That, the deceased was in the company of her husband and she was seen last in the company of her husband in the house of Bhavani;
2. That the body of the deceased was found on the railway track in between Tiptur and Honnavalli. The last seen theory was proved by the prosecution by examining P.W. 13-Siddarama, the husband of Bhavani, sister of the deceased;
3. That the respondent-accused had done away with the deceased, for he had developed illicit relationship with some other lady and that was spoken to by P.W. 8-Siddaramaiah, the father of the deceased and P.W. 12-Gangamma, the mother of the deceased. It was also argued by him that the doctor who had conducted the post-mortem on the dead body of the deceased had opined that the deceased died a homicidal death by strangulation. To sum up his argument, it was also argued by him that the prosecution had proved the case by circumstantial evidence as above. To sum up his argument, he had also submitted that the deceased wife was murdered by the respondent-accused by strangulation.
4. It is not in dispute before us that the deceased died a homicidal death by strangulation. If that be so, we have got no doubt that the act of strangulation might have resulted in some fingerprints or marks on. the neck of the deceased. As we see, the I.O. had a fair opportunity of getting the fingerprint or marks found on the neck of the deceased developed and further he would have also taken the fingerprints of the respondent-accused and developed the same, if at all the prosecution was certain that the respondent-accused only had murdered the deceased. Probably, this would have been a strong circumstantial evidence that was very much available for the prosecution to prove. Since the same was not done, we feel that the I.O., in the instant case in hand, had let go the best circumstantial evidence to prove before the Trial Court. Probably, the I.O. did not recourse to that line of investigation for the simple reason that, no fingerprint expert was available to him either at Tumkur or in FSL, Bangalore.
5. In this connection, we brought to the notice of the learned Additional State Public Prosecutor, the Division Bench decision of this Court in the case of Ramesh Purdappa Ambannavar and Ors. v. State by Dharwad Police (DB) wherein, in para 46 of the said judgment, the Division Bench headed by Justice Padmaraj and the first of us, observed as hereunder:
In this context, we may observe here that the Forensic Science play vital role in crime detections today. The well-organised criminals in the criminal world, as a matter of fact, hold the society and the law abiding citizens to ransom; of late we are also witnessing organized crimes with international ramifications. That being so, a systematic scientific approach by the Investigating Agency to detect the crimes by restoring to the latest techniques and devices is the need of the hour. It therefore appears to us that it is good of the State to give equal importance for development of Forensic Science too in the matter of crime detections by making adequate budgetary provisions to the said Branch also (if not so made yet), so that more and more personnel in the Forensic Branch are trained inside and outside India to update their knowledge in the latest techniques in the field of Forensic Science to be in aid to the law enforcing agencies of the State in the matter of crime detection. All the more the society will be safe and secure if the authorities are ahead of their time in this regard; lest, we fear, they may be caught unaware.
6. In view of the above observation, the Division Bench of this Court had also directed the registry to send a copy of the said judgment to the Chief Secretary, Government of Karnataka, Director General of Police and the Director, Forensic Science Laboratory, Bangalore. That the Division Bench did for, the Division Bench felt that the authorities may recourse to proper action in the matter to tone up the investigation machinery by applying the Forensic Science in the matter of investigation and crime detection,
7. During the course of arguments in the appeal, we also directed the Additional State Public Prosecutor to ascertain from the authorities as to whether any action had been taken by the State or its authorities in view of the direction of this Court in the above case. The learned Additional State Public Prosecutor informed us that no action had been taken by the State or its authorities. In this context, he had also placed before us the annual report of the National Human Rights Commission on the subject, ‘State of the Art Forensic Sciences; For better Criminal Justice’. He further placed before us the report of the Committee on Police Reforms, headed by the Home Secretary, Government of India.
8. Having gone through both the reports, we feel it appropriate to extract the relevant parts of both the reports. That we do to buttress the reasoning, for certain recommendations to Government we chose to make here below:
(i) Extract of National Human Rights Commission are to the following effect.–
Creation of State Forensic Science Organizations at the State Level (para 3.3).
To ensure and sustain quality performance of this service facility, at an appropriate level, every State Government should establish a ‘State Forensic Science Organisation’, as an independent scientific organisation under the Ministry of Home Affairs of the concerned State. Besides the above, the necessity to form ‘State Forensic Science Development Board’ by every State Government is recognised to monitor funds and ensure progressive development of Forensic Science services in the State in a time-bound manner. Steps should be taken to consolidate the available resources by Integrating Chemical Examiner’s Laboratories, Handwriting Bureaux, Document Examiner Laboratories, State Fingerprint Bureau and State Photographic Bureaux with the State FSLs. Formation of comprehensive and full-fledged FSLs under one roof would go a long way in establishing solid foundation for development of Forensic Science at the State level.
Besides recommending comprehensive Forensic Science Laboratories in all the State Capitals, the NHRC Core Group emphasises on the establishment of Range Forensic Science Laboratory at every Police Range Headquarters, and at least one District Mobile Forensic Science Unit at every District Headquarters by the State Governments in suitable phases to facilitate popularization of Forensic
Science usage, advise, support service and liaison with operational police unto Thana’ level.
Improvement in Forensic Laboratory Environment Conditions (para 3.4).
Inadequate laboratory space in the FSLs has resulted in compromised efficiency and adversely affected the morale and productivity of the present scientists. The internal set-up of these laboratories is not conducive to maximizing laboratory functions. All the Forensic Science Establishments in the country should be provided with laboratory space as per the international norms given in Appendix IV.
(ii) The Report of the Committee on Police Reforms are as follows.–
8.11 Every Commission and Committee set up either by the Central Government or by the State Government have all repeatedly stressed the need for better utilisation of scientific aids in investigation. However, the state of forensic science in India and its use by police in investigation of crime are both in a pathetic State. In fact, we found it difficult to assess the contribution Forensic Science Laboratories have done to the investigation of crime. We have not been able to get figures relating to the total number of scientific personnel employed by the Forensic Science Laboratories in the States. Similarly, no figures are available regarding the total budget of the State Forensic Science Laboratories. We are told that no studies have been carried out to identify the supply and demand on the forensic laboratories and the quantum of work done by them. We asked the Director, Forensic Science, Government of India as to his assessment of the percentage of police cases in the country in which forensic science can be usefully employed, assuming that ideal facilities for use are available. He has not been able to venture a guess, though he mentioned that presently, use of forensic science is made only in 1% of the police cases. Similarly we are surprised to hear that even though a post of Director, Forensic Science was created in BPR and D in 1983, the post was not filled up for 13 years till 1996 except for one year in between. In India, forensic science had its beginning as early as 1849. The organisation of forensic science has not grown adequately to meet the mandated role it is expected to play. Recruitment of Scientists to Forensic Science Laboratories are made on ad hoc basis and all the year round, with the result that some did not even undergo the rudimentary induction training programmes. The Director of NCRB, which houses the Central Finger Print Bureau has mentioned that the number of requests he gets for fingerprint matching is dwindling year after year showing that the Investigating Officers do not lift necessary fingerprints nor depend on them for investigation. Such is the status of the forensic science in India, which was established 150 years ago and which should have grown into world class excellence.
8.12 In contrast, the Forensic Science Service (FSS) of the United Kingdom, which works under the Home Ministry, during the year 1999-2000 has 1200 training scientists on its rolls, dealt with 1,09,000 cases, examined over 5,50,000 items, attended 15,000 crime scenes and gave expert evidence in Court on 3,200 occasions. Since 1995, the FSS has been maintaining a national DNA Database and in the period of lat 5 years carried out 72,132 matches of suspects to crime scenes. All the laboratories of FSS are fully equipped with latest technology and accredited under BSI QA 9000 series quality standard. There is an active partnership established between FSS and the police in their work. Qualified forensic experts known as Scene of Crime Officers (SOCOs) or Crime Scene Investigators (CSIs) are attached to the police who regularly visit the scenes of crime. At senior levels in the police hierarchy, one qualified Police Officer is designated as the Scientific Support Manager (SSM) whose duties are development of strategy for scientific support to the investigation and to secure optimum benefits of forensic science to the police force. A similar practice should be followed at our district level where a DSP should be designated (in addition to his other duties) as a Scientific Support Manager to see that the best use of forensic science is made. Handbooks like “using Forensic Science effectively” have been disseminated to officers in the force. Over the years, FSS has developed an unrivalled reputation for integrity, impartiality and accuracy of its findings.
8.13 There are four issues relating to forensic science, which needs to be examined. The first one is how to build world class forensic science facilities. The second is how to ensure that the police use the forensic science facilities in criminal investigation. The third one is to ensure that the forensic science reports achieve a reputation for integrity, impartiality and accuracy of their findings. The fourth one is to see that the forensic science reports are available very quickly.
8.14 Apart from the Central Forensic Science Laboratory being run by the CBI, there are three Central Forensic Laboratories at Calcutta, Hyderabad and Chandigarh and three offices of Government Examiner of Questioned Documents at Calcutta, Hyderabad and Shimla under the supervision of BPR and D. These Central FSLs were originally established to cater for the requirements of various States. However, as most of the states developed their own Forensic Science Laboratories, the Union Government realised the need to redefine the role of the Central Forensic Science Laboratories. Instead of doing routine investigative case work, it has been decide a couple of years ago that these three institutions should focus on research and development in forensic science. Steps have also been taken to bring in some degree of specialization, with the Calcutta Laboratory focusing on biological science, the Hyderabad one focusing on chemical science and the Chandigarh one concentrating on physical science. In addition to this, case work relating to Union Territories, North Eastern States and other States not having their own Forensic Science Laboratories, and those specialised cases which the States are not able to handle are examined by the CFSLs.
8.15 The National Human Rights Commission, in May 1999, appointed a Core Group of Scientists to prepare a report on effective use of forensic science in the criminal justice delivery system. The report published by the NHRC has made a number of recommendations. We agree with the recommendations and endorse the view that these needs to be implemented in a systematic manner. Since more and more resort to scientific aids in investigation, would automatically, over a period of time, reduce resort by police to third degree measures, we, in particular, recommend the following.– (1) forensic science can play extremely dramatic role in investigation of murder, sexual assault and terrorists cases. It can play a very significant role in drug offences, vehicle crime and burglary. The police manuals must be amended to make it mandatory to collect samples and to obtain expert forensic opinion in all such serious crimes; (2) States must ensure that there is a forensic science laboratory within the police range, mobile district Forensic Science Laboratories with 2 scientists (one such laboratory in each district) and adopt the concept of posting adequately trained “Police Technicians” (minimum of 2 in each urban police station and one in each rural police station); (3) Police stations must be supplied with 2 or 3 investigation kits. Sampling policies and procedures should be clearly instituted and implemented by the police technicians. Each SHP must be provided with camera for the crime photographic work; (4) DGPs must ensure that the strategy and supporting policies on the use of forensic science to tackle crime are up-to-date, known and understood by all Investigating Officers; (5) DGPs must ensure the training in relation to scientific and technical support be given to all police staff appropriate to their roles during the following key stages of human resource deployment.–
– At the time of joining the service.
– During the initial training for role.
– During training for specialised roles.
– During managerial and supervisory training.
– As part of general refresher training.
(6) Government should create separate Department of Forensic Science and constitute an All India Forensic Science Service comprising of Junior Class I level officers and above. Direct recruitment should be made to the service only at junior Class I level once a year on the basis of a competitive examination to man State and Central Forensic Science Laboratories. They should be given a one years’ training programme at an institute like National Institute of Criminology and Forensic Science. The Department of Forensic Science should function under the Home Ministry in the State and at the centre; (7) The director of the State/Central Forensic Science Department must ensure that the Scientific staff are subject to regular performance review in order to maintain and improve professional competence; (8) We find that some of the Central Forensic and State Forensic Science Laboratories have procured sophisticated and costly equipment, but these are not being used properly and fully for want of trained staff. It is necessary that all Forensic Science Laboratories obtain accreditation from NABL (National Accreditation Board for Testing and Calibration Laboratories), Government of India, over the course of next 2 years. Specific guidelines for such accreditation have already been prepared by the Department of Science and Technology, Government of India; (9) There is need for close co-operation between forensic and medical experts (who are doctors and working in a hospital) and the forensic scientists (experts in forensic chemistry and forensic biology working in the forensic laboratories) to deliver better and quicker scientific aid to the criminal justice system. MHA should evolve measures to achieve this coordination; (10) The National Institute of Criminology and Forensic Sciences provides training in the subject of criminology and in the subject of forensic science. We feel that these are two distinct disciplines. While criminology is a behavioural science, forensic science is an off shoot of basic sciences like physics, chemistry and biology. We feel that this institute should continue to function at Delhi and exclusively deal with training in forensic science and as at present functioning under the Home Ministry. It should be redesignated as National Institute of Forensic Science. The criminology portion should be shifted to National Police Academy where it should either function as a separate school or merge with the NPA after further consideration.
9. We have drawn inspiration by the above reports of the National Human Rights Commission and the report of the Committee on Police Reforms, in the context that, in the case in hand, the I.O. had a fair opportunity to prove the case by circumstantial evidence that the fingerprints found on the neck was not attempted to be proved by employing the technic in the matter of detection of fingerprints and development of the same to prove the case of the prosecution that the person (wife) was murdered by the particular assailant (husband) by strangulation. Therefore, we recommend the following to the Government, so as to tone up the investigating agency by applying and developing forensic science in the field of investigation and crime detection:
(i) The Government shall appoint a fingerprint expert as well as the handwriting expert to function as instructors to assist the FSL to impart training to the Police Officers of different ranks;
(ii) The PSIs during the period of their probation be given a minimum period of 6 months training on fingerprint and handwriting and further to know about the various kinds of facilities available to the police, the FSL in the matter of investigation and detection of crimes like murder;
(iii) The ASIs and Head Constables working in the Police Department be deputed for training for a minimum period of 6 months in FSL, for the reason that ASIs, and. The Head Constables many a times function as Station House Officers in the Police Stations in the absence of the P.S.Is;
(iv) The FSL be provided with a separate library section headed by a qualified Librarian and such a library section be provided with adequate library books both in English as well as Kannada language, dealing with the different subjects on fingerprint and handwriting and other allied subjects, dealt by the FSL, both in English as well as Kannada languages, for the Police officials at the lower rung are more conversant with Kannada language than in English language, to be used by the personnel in the FSL on the one hand and the trainees who come for training in FSL on the other. The Government may as well get standard and authoritative books on different subjects translated into Kannada language by pressing into service, the services of the department of translation, so that the library in the FSL is well-equipped, to be useful to all the concerned, if need be after obtaining necessary permission from the original authors and publishers to do the translation of the original books into Kannada language and to bring out the same, printed and published, as herein suggested.
10. We have made the above recommendations to Government bearing in mind, firstly that though this Court had made some observations in an earlier decision by the Division Bench referred to above, the authorities had not taken any action in that regard, and secondly that, the National Human rights Commission on the one hand and the Committee headed by the Home Secretary, Government of India on the other had made similar recommendations in their reports referred to above, and thirdly that, in the instant case in hand, the I.O. had failed to investigate the case in a proper direction, as observed by us, as above, and lastly that such a course will tone up the investigation machinery in the State, in the matter of crime detection.
11. In this context, we feel it appropriate to extract certain observations that came to be made in Chapter VIII on the subject, fingerprints and its development. At pages 242 and 243 of the book “Police Diaries, Statements Reports Investigations” by Mitter, wherein with regard to fingerprint, it had been observed as follows.–
In India there are fingerprint bureaus strewn at different places but there is a wholesale dearth of investigators who understand this technique of fingerprinting. As a matter of fact every investigator must possess a working knowledge of the art of photography and the fingerprint technique although it is never desirable that he should take the place of the specialist. Where every Sub-Inspector spends a year in training school learning parade and law, he can spend another six months to learn photography and fingerprinting. Finger print have both to be located and developed and it is always necessary to take their photographs. It is stated by B.C. Bridges in his book on practical Finger Printing (Funk and Wagnalis Company, New York Publications) that for recording, preserving and objectifying most forms of evidence and especially that of fingerprints, there prooably is no method superior to photography. Not only is a well-made photograph a factual reproduction, but it is also recognised as such in the eyes of the law. A good photograph needs no other witness or supporting testimony, since its veracity is self-evident, by the use of photograph some inconspicuous detail in a latent trace can be made prominent through enlargement and shown to be identical with the print of a suspect. Photography permits of reproduction, thus providing copies of the evidence for the Court, the jury and the opposing Counsels. By photographic methods the fingerprints of a defendant can he placed beside the latent markings, with their points of identity clearly indicated. The spot photography, or of the objects as bare fingerprints helps both to elucidate the evidence as well to establish it. A spot photography helps the investigator in reconstructing the events and recapitulating the details as often as he would like.
To trace a fingerprint is one thing and to develop it is another. A fingerprint is required to be developed where it is either indistinct or invisible. A latent print may sometimes be made visible by simply breathing over the area and also by exposing the surface to smoke from a burning match or candle. However, this later method is not encouraged in all cases since it may cause some damage to the evidence. For general utility fingerprint powders hold the first place as means of developing latents. But the success of the method will depend to a great extent upon the kind of power used, the brush or applicator with which it is applied and the skill of the operator. What are the different powders available and how they suit different surfaces and what are the best ways for their applying to the surface are beyond the scope of this book. For that, the learned reader must consult technical books on the subject. Besides developing technique there is the method of “lifting” latent fingerprints. May be, impressions are present in places where they cannot be photographed successfully. Latents may be found on the inside of jars or vases, or some small containers, in narrow crannies, nooks and corners which are difficult of access and outside the camera’s reach. In other cases owing to the background characteristics, surfaces as bare fingerprints may not be susceptible to photographic methods, the factor of illumination may render photography impractical, or the questioned surface may be curved, corrugated, rough, irregular or otherwise unfavourable for photography. In all such cases lifting process may be useful.
12. Now we come back to discuss on the case in hand.
13. As we see, the Trial Court in the instant case recorded an order of acquittal for the reason that the prosecution had failed to prove the charge against the respondent-accused for the offences charged against him. We have carefully gone through the impugned judgment and further the evidence recorded by the Trial Court. Having done that exercise, we feel that the impugned judgment, recording an order of acquittal is just and proper and not called for to be interfered within the instant appeal filed by the State. The reasons are as hereunder:
14. At this juncture, it has to be mentioned that insofar as the interference against an order of acquittal is concerned, while there is no embargo on the power of the Appellate Court in reviewing the evidence upon which the order of acquittal is based, yet, the golden thread which runs through the web of administration of justice in the criminal cases is that if two views are reasonably possible on the evidence on record, one pointing to the guilt of the accused and the other to his innocence, the view which is available to the accused should be adopted. Furthermore, unless there are compelling reasons, normally the Appellate Court would be slow in disturbing the order of acquittal passed by the Trial Court. Keeping the above principles in mind, we shall examine the evidence on record in the light of the contentions urged before us.
15. It has to be stated at the very outset that this is a case resting purely on the circumstantial evidence and therefore, the circumstances upon which the prosecution relies will have to unerringly point towards the guilt of the accused and none else. In this connection, it is worthwhile to recall the observations of the Apex Court in the case of State of Uttar Pradesh v. Satish wherein it has been observed thus:
It has been consistently laid down by this Court that where a case rests squarely on circumstantial evidence, the inference of guilt can be justified only when all the incriminating facts and circumstances are found to be incompatible with the innocence of the accused or the guilt of any other person. (See: Hukarn Singh v. State of Rajasthan , Eradu v. State of Hyderabad , Earabhadrappa v. State of Karnataka , State of Uttar Pradesh v. Sukhbasi , Balwinder Singh v. State of Punjab and Ashok Kumar Chatterjee v. State of Madhya Pradesh . The circumstances from which an inference as to the guilt of the accused is drawn have to be proved beyond reasonable doubt and have to be shown to be closely connected with the principal fact sought to be inferred from those circumstances. In Bhagat Ram v. State of Punjab , it was laid down that where the case depends upon the conclusion drawn from circumstances the cumulative effect of the circumstances must be such as to negative the innocence of the accused and bring home the offences beyond any reasonable doubt.
16. Bearing in mind the above principles of law, with regard to appreciation of evidence in a case based on circumstantial evidence, if we look at the nature of the evidence led in by the prosecution, out of 18 witnesses examined, P.W. 1 is the Station Master of Tiptur Railway Station and on being told by one Mahalingaiah that the dead body of a female was found near the railway track at K.M. 142/4 and 8 km., he conveyed the same to P.W. 18. P.W. 2 conveyed the information, which was received by him from Mahalingaiah to P.W. 1. P.W. 3-Railway Gangman on line duty, saw the dead body of a female and identified the dead body in the photograph Exs. P. 1 to P. 3. P.W. 4 is the photographer who took the photos of the dead body. P.W. 5-Tejpal is the Medical Officer who conducted the post-mortem examination on the dead body of Savita. P.W. 6 is the Junior Engineer who drew the sketch of the scene of incident as per Ex. P. 9. P.W. 7 is a hostile panch witness. P.W. 8-Siddaramaiah is the father of the deceased Savita who speaks to the marriage of his daughter with the accused and the incident leading to missing of his daughter. P.W. 9-Siddaramaiah speaks only to the effect that he saw the accused and his wife about a year back at 4,30 p.m. P.W. 10-Somashekaraiah also speaks to the effect that about a year and two months back, he saw the accused and his wife walking on the road in the village in the evening hours. P.W. 11-Prakash is doing his business at Kibbanahally Cross and he had seen the accused about a year back when the accused had come to his shop and took the can. P.W. 12-Gangamma is the mother of deceased Savita and she speaks similar to that of P.W. 8. P.W. 13-Siddarama is the son-in-law of P.Ws. 8 and 12 and being a relative, he also speaks on the same lines as that of the said witnesses. P.W. 14-Nijaguna is also a close relative of the deceased and he speaks to have seen the accused and the deceased in his house and thereafter the couple going out. P.W. 15-Srinivasaiah is the PSI who speaks about some persons who came to C.N. Halli Police Station indicating that they would be filing a missing complaint, but no such complaint was filed. P.W. 16 is the Head Constable who was put on duty to arrest the accused, which he did. P.Ws. 17 and 18 are the two Investigating Officers.
17. It is, therefore, clear from the nature of the witnesses examined by the prosecution that the material witnesses are P.Ws. 8, 10, 12, 13 and 14 apart from the doctor P.W. 5. The learned State Counsel in the course of the argument submitted that the circumstances on which reliance is placed are: (i) motive; (ii) last seen together; (iii) seizure of clothes of the deceased; (iv) dead body being found on the railway track; and (v) medical evidence. Therefore, we shall examine the above circumstances to find out whether they are sufficient to connect the accused with the crime in question.
18. The motive for the incident according to the prosecution is the illicit relationship the respondent had with another lady and also his bad habits and it was this that made the deceased to remove his wife Savita as she was an obstacle to him. The evidence led in this connection is as that of P.Ws. 8 and 12 the parents of the deceased apart from the other relatives. P.W. 8-Siddaramaiah has deposed in his evidence that the accused and Savita lived together for about a year after marriage and thereafter wards, Savita became pregnant and delivered a premature twins and both twins dies and then she again became pregnant and the accused came to the house of P.W. 8 and took his wife. The witness also speaks to the ill-treatment given by the accused to Savita and that the deceased had told P.W. 8 that her husband had developed illicit intimacy with some other lady and therefore, he was ill-treating her. But in the cross-examination this witness admits that the accused and the deceased never lived separately, but they were with the parents of the accused. He also admits that the accused is none other than the son of his wife’s elder brother. The witness further admits that the accused also accompanied him and P.W. 12 in search of Savita. The witness further admits that the accused and his wife lived for about a year happily. P.W. 12-Gangamma the mother of the deceased also speaks in similar lines like P.W. 8. In the cross-examination, P.W. 12 says that she does not knew the name of the lady with whom the accused had illicit relation. Her evidence discloses that the accused used to go to the house of P.W. 12 often and even when the deceased was found missing, the accused went to the house of P.W. 12 and told her that the deceased was missing from the bus at Tumkur bus stand. Though this witness also says in one stray sentence during the cross-examination that the accused told her that he had committed the murder of Savita, no such statement is made by her during the course of her examination-in-chief and P.W. 8 does not corroborate this statement and moreover, no such complaint was given by P.W. 12 to the effect that the accused had murdered Savita, but on the other hand, P.W. 12 goes to the police station and informs that Savita is missing.
19. The above evidence of P.Ws. 8 and 12 only goes to indicate that excepting the oral say of these two witnesses, there is no corroborating material placed in proof of either the bad habits of the accused or the accused having illicit relationship with any other woman.
20. P.W. 13-Siddarama the husband of Bhavani and the co-brother of the accused has never whispered in the course of his entire evidence about the illicit relationship the accused had with any other woman and this witness also says that he was told by his mother-in-law that the accused had told her that he had committed the murder of Savita. However, there is no corroboration for this testimony of P.W. 13, because P.W. 8, the father of the deceased never says a word about this, but on the other hand, P.W. 13 also goes to the police station and informs that Savita was missing and not only this, he also says that no complaint was given to the police at C.N. Halli Police Station inspite of the police asking him to file a complaint. In the cross-examination, this witness gives a different picture by stating that his mother-in-law asked the accused about her daughter, the accused told her that she can think in whatever manner she likes. This shows that it was only the figment of imagination on the part of P.Ws. 12 and 13 to say that the accused had told them that he had murdered Savita. This inference is further made strong by the very fact that the accused also accompanies P.Ws. 12 and 13 in search of Savita.
21. P.W. 14-Nijaguna is the next close relative of the deceased and he has not whispered anything in his examination-in-chief in regard to the accused having illicit relationship with another lady and therefore, the accused was not happy with his wife Savita. Absolutely no mention is made in his evidence as to the character and conduct of the accused.
22. It is thus clear from the above analysis of the evidence of the close relatives of the deceased that the prosecution has failed to establish the circumstances of motive. Excepting the oral say of the close relatives, which is also not corroborated by P.Ws. 13 and 14, we are of the view that the prosecution has failed to establish the circumstance relating to motive.
23. The next circumstance and the most important circumstance according to the prosecution is, the circumstance of last seen together. As far as this is concerned, we have closely examined the evidence of material witnesses P.Ws, 8, 12, 13 and 14 as well as P.W. 10 and from a reading of their evidence, what is to be gathered is that the accused and the deceased went to the house of P.W. 13 and from there they left for Bangalore and when they reached Tumkur, the accused went to answer the nature’s call and when he returned, he found his wife Savita missing from the bus at Tumkur bus stand. This is the evidence of P.W. 12 herself. Though these witnesses have spoken about the deceased and accused coming to Bangalore and then going to Guddadapalya and then towards Tumkur, there is no convincing evidence placed to establish that the accused and deceased were last seen together just prior to the death of Savita. It is in the evidence of P.W. 5-Dr. Tejpal that the deceased died due to asphyxia as a result of throttling and the death had occurred between 24 to 26 hours of the post-mortem examination. If this evidence is taken into consideration, then the death of Savita must have taken place in the time between 24 to 36 hours earlier to the actual death from 7-1-1993, In other words, death must have occurred either on 6-1-1998 at about 3.15 p.m. or on 7-1-1998 at about 3.15 a.m. The evidence of the prosecution witnesses did not convincingly establish even if the evidence is accepted in loto that the deceased and the accused were last seen on 5-1-1998 or cm 6-1-1998. In the absence of positive evidence being placed in regard to this aspect of the case, the mere statement of the witnesses that they saw the deceased and the accused about a year back or about a year and two months back at about 6 p.m. in the evening, cannot help the prosecution to prove this circumstance.
24. In this regard, it is relevant to refer to the observations of the Apex Court with regard to the circumstances of last seen together. In the case of Satish, the Apex Court has observed in para 23 thus:
The last seen theory comes into play where the time-gap between the point of time when the accused and the deceased were seen last alive and when the deceased is found dead is so small that possibility of any person other than the accused being the author of the crime becomes impossible. It would be difficult in some cases to positively establish that the deceased was last seen with the accused when there is a long gap and possibility of other persons coming in between exists. In the absence of any other positive evidence to conclude that the accused and the deceased were last seen together, it would be hazardous to come to a conclusion of guilt in those cases.
25. Therefore, the Trial Court’s reasoning that the evidence placed on record by the prosecution does not positively indicate that the deceased was last seen in the company of the accused just prior to her death is a well-reasoned conclusion reached on appreciation of the evidence on record. We therefore, hold that the prosecution has failed to establish the last seen together circumstance by clear and convincing evidence.
26. In view of the circumstance relating to motive the last seen together not being established by the prosecution, the rest of the circumstances viz., the medical evidence of P.W. 5 that the deceased died due to throttling and the seizure of the clothes of the deceased cannot help the prosecution in connecting the respondent-accused with the murder of deceased Savita. There are several missing links in the chain of circumstances and even if the circumstances relating to cause of death of the deceased and recovery of clothes of the deceased are taken to have been proved, yet, they are insufficient in our view to bring the accused nearer to the crime. Since this is the case resting on circumstantial evidence, the circumstances from which an inference of guilt is sought to be drawn must be cogently and firmly established and those circumstances should be of a definite tendency unerringly pointing towards the guilt of the accused. These tests being not satisfied in the instant case, it is dangerous to hold the accused guilty only on hypothetical basis or on assumptions and conjectures. It is needless to point out that the Apex Court has laid down time and again several principles of law with regard to proof beyond reasonable doubt and the prosecution has to travel a long distance from ‘may be’ to ‘must be’ stage. Hence, the circumstances established are totally insufficient to take the view that the death of Savita was caused by no other person than the respondent herein.
27. We are, therefore, of the considered opinion that the learned Trial Judge has analysed the entire evidence on record to minute particulars and the reasoning given by the Trial Court is a possible view emerging from the evidence on record and such being the case, we seen no infirmity in the Trial Court judgment and the reasoning given by the Trial Judge cannot be learned either as contrary to the evidence on record or perverse and much less unreasonable. Hence, there are no compelling circumstances made out in the appeal for us to interfere with the order of acquittal passed by the Trial Court.
28. Hence, the instant appeal stands dismissed.
29. In view of certain recommendations we made to the Government, we direct the Registrar General to send copies of this judgment, one each to the Chief Secretary to Government, Secretary to Government, Home Department, Director General of Police and Director, Forensic Science Laboratory, under a D.O. letter by him, so as to draw their personal attention with regard to the judgment and the directions of this Court, contained therein,
30. We also place on record, the good and valuable assistance given by the Additional State Public Prosecutor, Sri N.V. Prakash, by placing before us two reports one by National Human Rights Commission and the other by the Committee headed by the Home Secretary, Government of India.