Convicted the appellant for committing murder and sentenced him to life in prison (Para 1)
Upon consideration of the other circumstances, belated reporting of the crime to the police resulting in undue delay would bear relevance and we need to arrive at a conclusion as to whether what the PWs 2 and 3 deposed could be regarded as explanations worthy of acceptance for not reporting the crime to the police between 12th March 1996 (evening) and 15th March 1996 (before 9.00 a.m.). (Para 13)
In the light of the above explanation proffered by PWs 2 and 3, which does not appear to us to be reliable and acceptable, we do feel that the absence of Ponnaian and Velukutti assumes importance. In fact, their absence has the effect of seriously damaging the prosecution case and rendering it quite unreliable. (Para 17)
Ex. P3, being the death intimation memo, is of some significance. The contents thereof are not entirely in the handwriting of PW-8. PW-8 while admitting his signature at the foot of Ex. P3, cleared the position that the contents on the first page were written by the hospital staff. The contents on the reverse are definitely not in the handwriting of PW-8 but reveals the words ‘fall from tree’. The prosecution has not made any attempt to explain how these words came to be written on Ex. P3 and by whom. (Para 21)
Mere absconding by the appellant after alleged commission of crime and remaining untraceable for such a long time itself cannot establish his guilt or his guilty conscience. Abscondence, in certain cases, could constitute a relevant piece of evidence, but its evidentiary value depends upon the surrounding circumstances. This sole circumstance, therefore, does not enure to the benefit of the prosecution. (Para 23)
Viewed in the light of the delay in lodging of the FIR and on threadbare consideration of the other evidence on record, the circumstances surrounding the unfortunate death of Palas do not clearly and unequivocally point to the involvement of the appellant and his false implication cannot be wholly ruled out. (Para 24)
SUPREME COURT OF INDIA
2023 STPL(Web) 472 SC
[2023 INSC 1062]
Sekaran Vs. State Of Tamil Nadu
Criminal Appeal No. 2294 of 2010-Decided on 12-12-2023
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