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SUPREME COURT OF INDIA
VIKRAM NATH, AHSANUDDIN AMANULLAH, JJ.
Laxman Prasad @ Laxman - Appellant
Versus
The State of Madhya Pradesh - Respondent
Criminal Appeal No(s). 821 of 2012
Decided On : 14-06-2023
Indian Penal Code, 1860 – Section 302 – Murder – Life sentence – Circumstantial evidence – In a case of circumstantial evidence, chain has to be complete in all respects so as to indicate guilt of accused and also exclude any other theory of crime – High Court, while dealing with evidence on record, agreed with finding of motive and last seen, however, insofar as recovery of weapon of assault and blood-stained clothes were concerned, High Court held the same to be invalid – Still, it observed that looking to entire gamut and other clinching evidence against appellant of last seen and motive, affirmed conviction – Such conclusion of High Court is not strictly in accordance with law – If High Court found one of links to be missing and not proved in view of settled law on the point, conviction ought to have been interfered with – Conviction and sentence of appellant set aside. (Paras 2, 3, 4 and 5)
Facts of the case:
Present appeal has been preferred assailing the correctness of the judgment and order of the High Court of Madhya Pradesh at Gwalior dated 28.09.2010 passed in Criminal Appeal No.231 of 2003 dismissing the appeal of the appellant and confirming the conviction and life sentence recorded by the Trial Court under Section 302 IPC.
Findings of Court:
Appellant is already on bail, his bail bonds are cancelled and sureties if any, stand discharged.
Result : Appeal allowed.
ORDER :
1. This appeal has been preferred assailing the correctness of the judgment and order of the High Court of Madhya Pradesh at Gwalior dated 28.09.2010 passed in Criminal Appeal No.231 of 2003 dismissing the appeal of the appellant and confirming the conviction and life sentence recorded by the Trial Court under Section 302 IPC.
2. The present one is a case of circumstantial evidence. The prosecution led evidence to establish three links of the chain, (i) motive, (ii) last seen, and (iii) recovery of weapon of assault, at the pointing out of the appellant. The High Court, while dealing with the evidence on record, agreed with the finding of motive and the last seen, however, insofar as the recovery of the weapon of assault and blood-stained clothes were concerned, the High Court in paragraph 18 of the judgment held the same to be invalid and also goes to the extent to say that the recovery which has been made does not indicate that the appellant has committed the offence. Still, it observed that looking to the entire gamut and other clinching evidence against the appellant of last seen and motive, affirmed the conviction.
3. We do not find such conclusion of the High Court to be strictly in accordance with law. In a case of circumstantial evidence, the chain has to be complete in all respects so as to indicate the guilt of the accused and also exclude any other theory of the crime. The law is well settled on the above point. Reference may be had to the following cases :
(i) Sharad Birdhichand Sarda vs. State of Maharashtra, (1984) 4 SCC 116;
(ii) Sailendra Rajdev Pasvan vs. State of Gujarat Etc., AIR 2020 SC 180
4. Thus, if the High Court found one of the links to be missing and not proved in view of the settled law on the point, the conviction ought to have been interfered with.
5. Accordingly, we allow this appeal and set aside the conviction and sentence of the appellant. The appellant is already on bail, his bail bonds are cancelled and sureties if any, stand discharged.
6. Pending application(s), if any, shall stand disposed of.
Murder – In a case of circumstantial evidence, chain has to be complete in all respects so as to indicate guilt of accused and also exclude any other theory of crime.
Accused cannot be convicted on the ground of suspicion, no matter how strong it is – Accused is presumed to be innocent unless proved guilty beyond reasonable doubt.
Murder – Theory of last seen together is very weak in absence of motive.
A conviction for murder cannot stand solely on circumstantial evidence without corroborative links to the accused's involvement in the crime.
In criminal cases, especially those relying on circumstantial evidence, the prosecution must establish a complete and conclusive chain of evidence to prove guilt beyond reasonable doubt.
(1) Murder and disappearance of evidence – Conviction can be recorded in absence of recovery of corpus.(2) Extra-judicial confession is a weak piece of evidence and especially when it has been retrac....
For a conviction based on circumstantial evidence, the prosecution must establish a complete chain of evidence; any missing link proves fatal to the case.
Circumstantial evidence must form a complete chain pointing to guilt; absence of direct evidence and reliance on a single unreliable witness led to acquittal.
(1) If accused are already shown to witnesses in Police Station, then sanctity of TIP before court is doubtful.(2) However strong suspicion may be, it cannot take place of proof beyond reasonable dou....
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