e) The conduct of the Appellant in leading the Investigating Officer and others to a drain nearby his house and the discovery of the knife from the drain is a relevant fact Under Section 8 of the Evidence Act. In other words, the evidence of the circumstance simpliciter that the Appellant pointed out to the Investigating Officer the place where he threw away the weapon of offence i.e., knife would be admissible as 'conduct' Under Section 8 irrespective of the fact whether the statement made by the Accused contemporaneously with or antecedent to such conduct falls within the purview of Section 27 of the Evidence Act.
59. Even while discarding the evidence in the form of discovery panchnama, the conduct of the Appellant herein would be relevant Under Section 8 of the Evidence Act. The evidence of discovery would be admissible as conduct Under Section 8 of the Evidence Act quite apart from the admissibility of the disclosure statement Under Section 27 of the Evidence Act, as this Court observed in A.N. Venkatesh and Anr. v. State of Karnataka, MANU/SC/0468/2005 : (2005) 7 SCC 714:
9. By virtue of Section 8 of the Evidence Act, the conduct of the Accused person is relevant, if such conduct influences or is influenced by any fact in issue or relevant fact. The evidence of the circumstance, simpliciter, that the Accused pointed out to the police officer, the place where the dead body of the kidnapped boy was found and on their pointing out the body was exhumed, would be admissible as conduct Under Section 8 irrespective of the fact whether the statement made by the Accused contemporaneously with or antecedent to such conduct falls within the purview of Section 27 or not as held by this Court in Prakash Chand v. State (Delhi Admn.) [ MANU/SC/0147/1978 : 1978:INSC:234 : (1979) 3 SCC 90: 1979 SCC (Cri) 656: AIR 1979 SC 400]. Even if we hold that the disclosure statement made by the Accused-Appellants (Ex. P-15 and P-16) is not admissible Under Section 27 of the Evidence Act, still it is relevant Under Section 8. ...
The conduct, in order to be admissible, must be such that it has close nexus with a fact in issue or relevant fact. Explanation 1 makes it clear that the mere statements as distinguished from acts do not constitute "conduct" unless those statements "accompany and explain acts other than statements". Such statements accompanying the acts are considered to be evidence of res gestae.
206. We have already noticed the distinction highlighted in Prakash Chand case (supra) between the conduct of an Accused which is admissible Under Section 8 and the statement made to a police officer in the course of an investigation which is hit by Section 162 Code of Criminal Procedure The evidence of the circumstance, simpliciter, that the Accused pointed out to the police officer, the place where stolen articles or weapons used in the commission of the offence were hidden, would be admissible as "conduct" Under Section 8 irrespective of the fact whether the statement made by the Accused contemporaneously with or antecedent to such conduct, falls within the purview of Section 27, as pointed out in Prakash Chand case. In Om Prakash case (supra) this Court held that: (SCC p.262, para 14)
Even apart from the admissibility of the information Under Section 27, the evidence of the investigating officer and the panchas that the Accused had taken them to PW 11 (from whom he purchased the weapon) and pointed him out and as corroborated by PW 11 himself would be admissible Under Section 8 of the Evidence Act as conduct of the Accused.
(Emphasis supplied)
61. However, in the aforesaid context, we would like to sound a note of caution. Although the conduct of an Accused may be a relevant fact Under Section 8 of the Evidence Act, yet the same, by itself, cannot be a ground to convict him or hold him guilty and that too, for a serious offence like murder. Like any other piece of evidence, the conduct of an Accused is also one of the circumstances which the court may take into consideration along with the other evidence on record, direct or indirect. What we are trying to convey is that the conduct of the Accused alone, though may be relevant Under Section 8 of the Evidence Act, cannot form the basis of conviction.
IN THE SUPREME COURT OF INDIA
Criminal Appeal No. 437 of 2015
Decided On: 03.05.2024
Anees Vs. The State Govt. of NCT
Hon'ble Judges/Coram:
Dr. D.Y. Chandrachud, C.J.I., J.B. Pardiwala and Manoj Misra, JJ.
Author: J.B. Pardiwala, J.
Citation: MANU/SC/0379/2024,2024 INSC 368.
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