Rajvinder Singh Vs. State of Haryana
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Head Note
Indian Penal Code,1860 - Section 364 , Section 302 , Section 201
Murder - Circumstantial Evidence - Extra judicial confession - Recovery of gold ring of deceased with inscription 'PV; recovered from the house of the appellant - No explanation has been given as to how the appellant came into possession of said gold ring - Extra judicial confession made to PW 16 , the documents allegedly executed by deceased and the progression of events including the transactions of sale of property on the basis of alleged power of attorney in favour of the appellant completely substantiate the case - The transactions as referred to above have been admitted by the appellant - It is impossible and inconceivable that a lady who had retired as head mistress would mis-spell her own name while putting signatures on documents - The flow of signature as evident from the admitted source is completely of a different nature - There is no reason why a lady who has two sisters and two Advocate nephews staying in same town, would give power of attorney and execute a Will in favour of a total stranger - These circumstances are clinchingly against the appellant - Evidence shows that the appellant had fabricated the documents in question and was attempting to defraud deceased as stated in the extra judicial confession - Defence set up by the appellant does not inspire any confidence and merits rejection - Appeal liable to be dismissed.
The Code of Criminal Procedure, 1973 - Section 391
Additional Evidence - Appellate Stage - Held that when it was possible to examine Forensic Expert at the trial court stage itself the High Court was right and justified in rejecting the prayer to lead additional evidence at the appellate stage.
Topic(s)-Murder - Circumstantial Evidence - Conviction