Supreme Court has set aside murder conviction wherein it found that High Court had relied upon statement given under section 161 CrPC. The case is titled as Parvat Singh & Ors. vs State of Madhya Pradesh decided on 02.03.2020.
Supreme Court noted the improvements and contradictions as under:
"It is required to be noted that it was a black night (Amavasya) at the time of incident. It was a dark night as the incident has happened between 4-5 a.m. PW8 in her statement recorded under Section 161 Cr.P.C. has stated that she has seen all the accused in the light of the torch. She has stated that Bal Kishan – original accused no.1 was having an axe and other four were armed with lathis. She had also stated in her statement under Section 161 Cr.P.C. that Bal Kishan – original accused no.1 gave the axe blow on the neck of the deceased due to the enmity and earlier dispute and other accused were telling to run away immediately and thereafter all the five accused ran away from behind the cattle shed/house. She stated that she had identified all the accused in the light of the torch and also by voice. According to her after she shouted, other persons came. However, there is material improvement in her deposition before the Court. In her deposition, she has stated that accused Santosh and Rakesh caught hold of Bal Kishan – deceased. In her deposition, she has also stated that there was a chimney light in the cattle shed. She has also stated in her deposition that the accused ran away from the nearby agricultural field of sugarcane. Therefore, the deposition of PW8 is full of material contradictions and improvements so far as original accused Nos. 2 to 5 is concerned. It is required to be noted that no other independent witness even named by PW8 has supported the case of the prosecution. Though, according to PW8, she identified the accused in the light of the torch, there is no recovery of torch. There is material improvement so far as the chimney light is concerned. In her deposition, she has not stated anything that the appellants – original accused nos. 2 to 5 were having the lathis, though she has stated this in her statement under Section 161 Cr.P.C".
Then the Supreme Court held as under:
"The High Court has observed relying upon her statement recorded under Section 161 Cr.P.C. that the appellants herein – accused nos. 2 to 5 were having lathis. However, as per the settled preposition of law a statement recorded under Section 161 Cr.P.C. is inadmissible in evidence and cannot be relied upon or used to convict the accused. As per the settled proposition of law, the statement recorded under Section 161 Cr.P.C. can be used only to prove the contradictions and/or omissions. Therefore, as such, the High Court has erred in relying upon the statement of PW8 recorded under Section 161 Cr.P.C. while observing that the appellants were having the lathis".
Ultimately, the Supreme Court set aside the conviction holding:
"For the reasons stated hereinabove, we are of the firm opinion that in view of the material contradictions, omissions and improvements in the statement of PW8 recorded under Section 161 Cr.P.C. as well as deposition before the Court qua the appellants – accused nos. 2 to 5 and that there was a prior enmity and no other independent witness has supported the case of the prosecution, we are of the opinion that the appellants herein – original accused nos. 2 to 5 are entitled to be given the benefit of doubt. Under the circumstances, the present appeal is allowed. The impugned judgment and order of conviction passed by the learned Trial Court and confirmed by the High Court convicting the appellants herein – accused nos. 2 to 5 for the offence under Section 302 r/w Section 149 of the IPC are hereby quashed and set aside and the appellants herein – original accused nos. 2 to 5 are acquitted of the charges for which they were tried. The appellants herein – accused nos. 2 to 5 be released forthwith, if not required in any other case".
Read the Order here:
Picture Source :
