No conviction based on preponderance of probability
9. The accused cannot be convicted on the principles of preponderance of probability. It is the duty of this Court to ensure avoidance of miscarriage of justice at all costs and the benefit of doubt, if any, given to the accused. [Sujit Biswas v. State of Assam, (2013) 12 SCC 406, Hanumant Govind Nargundkar v. State of M.P. (AIR 1952 SC 343) and State v. Mahender Singh Dahiya, (2011) 3 SCC 109].
Two views theory
24. It is important to note that the cardinal principles in the administration of criminal justice in cases where heavy reliance is placed on circumstantial evidence, is that where two views are possible, one pointing to the guilt of the accused and the other towards his innocence, the one which is favourable to the accused must be adopted. [Kali Ram v. State of H.P. (1973) 2 SCC 808].
Circumstantial Evidence
25. In the present case, we state that the circumstances present before us, taken together, do not establish conclusively only one hypothesis, that being the guilt of the accused, Pradeep Kumar. The presumption of innocence remains in favour of the accused unless his guilt is proven beyond all reasonable doubts against him. [Babu v. State Kerala, (2010) 9 SCC 189]. The cherished principles or golden threads of proof beyond reasonable doubt which runs through the web of our law should not be stretched morbidly which was done by the Courts below.
- In the present case, we find neither the chain of circumstances to have been completely established nor the guilt of the accused alone, having committed the crime to be proven, much less beyond reasonable doubt. This Court has stated essential conditions that must be fulfilled before an accused can be convicted in a case revolving around circumstantial evidence in the landmark case of Sharad Birdhichand Sarda v. State of Mahrashtra, (1984) 4 SCC 116.
Acquittal in appeal: Appreciation
27. Normally, we do not interfere with the concurrent findings of fact of the Courts below. We step in only in exceptional cases or where gross errors are committed, overlooking crying circumstances and well established principles of criminal jurisprudence leading to miscarriage of justice. Hence it becomes our bounden duty to correct such findings in view of the principles enunciated in Ramaphupala Reddy v. State of Andhra Pradesh, (1970) 3 SCC 474, Balak Ram v. State of U.P., (1975) 3 SCC 219 and Bhoginbhai Hirjibhai V. State of Gujarat, (1983) 3 SCC 217.
- To conclude, we state that both the courts below, erred in finding the Appellant guilty of having committed the crime, charged for, under Section 302/34 IPC read with 201/34 IPC. Hence we set aside the findings of guilt and sentence arrived at vide judgment dated 28.08.2004 by the Ld. Trial Court as subsequently affirmed by the High Court in its judgement dated 21.07.2017 in CRA No.940 of 2004 titled as Bhainsa@Nandlal and Anr. vs. The State of Chhattisgarh.
Party
PRADEEP KUMAR vs. STATE OF CHHATTISGARH – CRIMINAL APPEAL NO.1304 OF 2018 – 16th March, 2023.
