Supreme Court: In the matter where the accused, along with a group of co-accused persons, each armed with deadly weapons fired a gunshot in the abdomen of the deceased after a quarrel thereby resulting into his death, the Court set aside the conviction of the accused on the ground that the investigation in the matter was carried out in a lackluster manner.
The Court said that normally, when a culprit perpetrates a heinous crime of murder and takes away the life of a human being, if appropriate punishment is not awarded to that offender, the Court will be failing in its duty. However, the Investigating Officer, dealing with a murder case, is expected to be diligent, truthful and fair in his approach and his performance should always be in conformity with the police manual and a default or breach of duty may prove fatal to the prosecution’s case.
The Court said that, in the present case, no doubt, an innocent man has lost his life at the hands of another man, but merely the seizure of gun and cartridges from the appellant, the ongoing enmity between the parties on account of various criminal litigations and the altercation and exchange of heated words between the rival groups on the morning of the same day, cannot establish the guilt of accused beyond reasonable doubt. Also, when there are material exaggerations and contradictions, which inevitably raise doubt which is reasonable in normal circumstances and keeping in view the substratum of the prosecution case, it cannot be inferred beyond reasonable doubt that the appellant had caused the death of the deceased.
The bench of Dr. A.K. Sikri and N.V. Ramana, JJ, said that the investigation was carried out with unconcerned and uninspiring performance. There was no firm and sincere effort with the needed zeal and spirit to bring home the guilt of the accused. Also, considering the fact that the accused has already undergone nine years’ of imprisonment and the Court said that it is a fit case inviting interference by this Court. [Mahavir Singh v. State of Madhya Pradesh, 2016 SCC Online SC 1250 , decided on 09.11.2016]
