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Anil Kumar @ Shetty v. State of H.P. (H.P. HC)
From the Database of www.lawtodaylive.com
Himachal Pradesh High Court
Reserved on: 11.11.2024 Date of Decision: 27.11.2024

A. Indian Evidence Act, 1872 (1 of 1872), Section 106 -- Indian Penal Code, 1860 (45 of 1860), Section 302 -- Murder – Circumstantial evidence -- Recovery of currency note from accused -- Nothing on record to show that the money belonged to the deceased -- Currency notes are commonly available and there is nothing in the statement of the witness to show that the currency notes shown to him during his examination had any distinguishing mark which would enable him to identify them; hence, his testimony that the currency notes handed over by him to the deceased were the same currency notes, which were shown to him in the Court is not acceptable.

(Para 20, 21)

B. Indian Evidence Act, 1872 (1 of 1872), Section 27 -- Indian Penal Code, 1860 (45 of 1860), Section 302 -- Murder – Recovery on disclosure statement – Exclusive knowledge – Requirements of -- Disclosure statement shows that the stone was not concealed anywhere and was lying in the open -- Where the recoveries were effected from a place accessible, the same cannot be relied upon -- Since, there is no evidence of the exclusive knowledge of the accused, therefore, the stone cannot be connected to the accused.

(Para 25, 26)

C. Indian Evidence Act, 1872 (1 of 1872), Section 27 -- Indian Penal Code, 1860 (45 of 1860), Section 302 -- Other articles and stick was recovered from the spot at a distance of 200 metre from the dead body by I.O. -- As per the statement of the accused recorded u/s 27, he had thrown the stone and the stick at the same place -- It is difficult to believe that the investigating officer would not have discovered the stone when he had inspected the spot and found other articles on the spot – These circumstances cast reasonable doubt on the recovery of the stone at the instance of accused.

(Para 27-29)

D. Indian Evidence Act, 1872 (1 of 1872), Section 106 -- Indian Penal Code, 1860 (45 of 1860), Section 302 -- Murder -- Disclosure statement -- Statement u/s 27 of the Indian Evidence Act cannot be used to prove that the accused had killed the deceased.

(Para 39)

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Anil Kumar @ Shetty v. State of H.P. (H.P. HC)
(2024) Law Today Live Doc. Id. 19700 = 2024 :HHC: 12440
From the Database of www.lawtodaylive.com
Himachal Pradesh High Court
Before: Vivek Singh Thakur & Rakesh Kainthla, JJ
Cr. Appeal No. 142 of 2022

Reserved on: 11.11.2024 Date of Decision: 27.11.2024
Anil Kumar @ Shetty - Appellant
Versus
State of H.P. - Respondent

A. Indian Evidence Act, 1872 (1 of 1872), Section 106 -- Indian Penal Code, 1860 (45 of 1860), Section 302 -- Murder – Circumstantial evidence -- Recovery of currency note from accused -- Nothing on record to show that the money belonged to the deceased -- Currency notes are commonly available and there is nothing in the statement of the witness to show that the currency notes shown to him during his examination had any distinguishing mark which would enable him to identify them; hence, his testimony that the currency notes handed over by him to the deceased were the same currency notes, which were shown to him in the Court is not acceptable.

(Para 20, 21)

B. Indian Evidence Act, 1872 (1 of 1872), Section 27 -- Indian Penal Code, 1860 (45 of 1860), Section 302 -- Murder – Recovery on disclosure statement – Exclusive knowledge – Requirements of -- Disclosure statement shows that the stone was not concealed anywhere and was lying in the open -- Where the recoveries were effected from a place accessible, the same cannot be relied upon -- Since, there is no evidence of the exclusive knowledge of the accused, therefore, the stone cannot be connected to the accused.

(Para 25, 26)

C. Indian Evidence Act, 1872 (1 of 1872), Section 27 -- Indian Penal Code, 1860 (45 of 1860), Section 302 -- Other articles and stick was recovered from the spot at a distance of 200 metre from the dead body by I.O. -- As per the statement of the accused recorded u/s 27, he had thrown the stone and the stick at the same place -- It is difficult to believe that the investigating officer would not have discovered the stone when he had inspected the spot and found other articles on the spot – These circumstances cast reasonable doubt on the recovery of the stone at the instance of accused.

(Para 27-29)

D. Indian Evidence Act, 1872 (1 of 1872), Section 106 -- Indian Penal Code, 1860 (45 of 1860), Section 302 -- Murder -- Disclosure statement -- Statement u/s 27 of the Indian Evidence Act cannot be used to prove that the accused had killed the deceased.

(Para 39)

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