A
SC
be ch
said
the
evide ce
fo
a
accide tal
d ow i g
was
mo e
plausible
tha
homicide.
NEW
DELHI:
Obse vi g
that
the
huma
mi d
ca
sometimes
act
foolishly,
especially
i
the
face
of
u p edictable
adve sity,
Sup eme
Cou t
has
said
that
such
behaviou
ca ot
be
the
sole
basis
of
co victio
a d
acquitted
two
me
who
had
bee
held
guilty
of
killi g
thei
f ie d.They
we e
co victed
by
t ial
cou t
a d
high
cou t
because
thei
f ie d
d ow ed
i
a
ive
i
thei
p ese ce
a d
i stead
of
t yi g
to
escue
him,
they
left
the
spot
a d
we t
to
watch
a
movie,
actio s
which
we e
held
as
evide ce
of
thei
culpability.Guja at
high
cou t
held
that
thei
behaviou
was
p oof
that
they
had
killed
the
f ie d,
a d
it
was
ot
a
case
of
d ow i g
i
the
ive ,
se te ci g
them
to
life
imp iso me t.Setti g
aside
the
o de
of
t ial
cou t
a d
high
cou t,
a
be ch
of
Justices
J
B
Pa diwala
a d
K
Vi od
Cha d a
said
the e
was
o
evide ce
to
p ove
that
it
was
a
case
of
mu de
a d
held
that
the
deceased
had
d ow ed
accide tally.”The
accused
a e
guilty
of
havi g
fled
f om
the
spot
a d
ot
havi g
attempted
to
escue
the
d ow i g
pe so
by
c yi g
out
fo
help.
Thei
co duct
of
havi g
go e
fo
a
movie
afte
wit essi g
thei
f ie d
d ow i g,
though
ep ehe sible,
ca ot
be
fou d
to
be
a
i c imi ati g
ci cumsta ce,
to
establish
mu de
athe
tha
d ow i g.
The
hypothesis
of
i oce ce
is
c ystal
clea ,
a d
ci cumsta ces
i dicate
a
accide t
a d
ot
a
p emeditated
mu de ,”
the
be ch
said.
Disag eei g
with
the
fi di gs
of
the
HC,
the
be ch
said,
“We
also
have
to
otice
the
high
cou t’s
p esumptio
that
o
pe so
who
saw
his
f ie d
d ow i g
would
go
to
a
movie
o
would
take
the
t ouble
of
b i gi g
back
empty
soda
bottles
to
the
shop
f om
whe e
they
pu chased
it.
If
such
a
p esumptio
is
accepted
the
it
ca
be
p esumed
that
eve
afte
a
p emeditated
mu de ,
the
accused
would
ot
co duct
themselves
i
that
ma e .””The
huma
mi d,
as
has
ofte
bee
held
by
this
cou t,
is
at
the
same
time
fickle,
ma ipulative
a d
imagi ative
a d
the
actio s,
the
esult
of
a
dep ived
o
a
foolish
mi dset,
especially
i
the
face
of
adve sities,
ca ot
be
p edicted.
The
subseque t
co duct
o
which
the
high
cou t
fou d
possible
the
p osecutio
sto y
of
mu de
athe
tha
of
d ow i g,
i
this
case
we
a e
u able
to
accept.
It
is
the
hypothesis
of
a
accide tal
d ow i g
that
looms
la ge
f om
the
evide ce
led
at
the
t ial;
mo e
plausible
tha
a
homicide,”
SC
said.
Joi
co ve satio
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espectful
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commu ity
guideli es
Challe gi g
thei
co victio ,
the
accused
submitted
that
they,
at
wo st,
could
be
held
guilty
of
a
misadve tu e
which
tu ed
fatal
fo
thei
f ie d,
a d
the e
was
absolutely
o
evide ce
to
p ove
eve
a
homicidal
death.
They,
howeve ,
admitted
that
they
fled
the
sce e
i
pa ic.