carefully before recording satisfaction. It is not the quantum, but
what matters is the quality. Both the Courts below found the
evidence of P.Ws. 1 to 3 acceptable. The seriously inherent
contradictions in the statements made by them have not been duly
taken note of by both the courts. When the offence is heinous, the
Court is required to put the material evidence under a higher
scrutiny. On a careful consideration of the reasoning of the Trial
Court, as confirmed by the High Court, we find that sufficient care
has not been taken in the assessment of the statements made by
P.Ws. 1 to 3. No one spoke as to who sent the FIR to the court and
when it was sent. Strangely even the copy of the postmortem report
was admittedly received by SHO on the 13.03.2012 though the post
mortem was conducted on the 09.03.2012,. It was the same date on
which the FIR reached the Court. These factors certainly create a
strong suspicion on the story as projected by the prosecution, but
both the Courts have overlooked the same completely. This
erroneous approach on the part of the Sessions Court and the High
Court has led to the appellant being ordained to be dispatched to
the gallows.
45
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