Conversion for Reservation Benefits Is a Fraud on the Constitution: Supreme Court Rejects SC Certificate for Reconverted Christian Patent Office Guidelines Must Be Followed for Consistency in Decisions: Madras High Court Limitation Cannot Obstruct Justice When Parties Consent to Extensions: Madhya Pradesh High Court Additional Fees Are Incentives, Not Penalties: Orissa High Court Upholds Central Motor Vehicles Rules Amendment Interpretation of Tender Eligibility Criteria Lies with Tendering Authority: Gujrat High Court Upholds Discharge of Tender Complaints Were Contradictory and Did Not Establish Prima Facie Case for SC/ST Act Charges: J&K HC Insurance Cover Notes Hold Policy Validity Unless Proven Otherwise: Kerala High Court Upholds Compensation in Fatal Accident Case Article 21 Of Constitution Applies Irrespective Of Nature Of Crime. Prolonged Incarceration Without Trial Amounts To Punishment Without Adjudication: Calcutta HC Concept Of 'Liberal Approach' Cannot Be Used To Jettison The Substantive Law Of Limitation: Delhi High Court Limitation is Not Always a Mixed Question of Fact and Law: Bombay High Court Dismisses 31-Year-Old Specific Performance Suit as Time-Barred Intent Coupled with Trespass Constitutes Full Offence: Supreme Court Mere Possession of Bribe Money Insufficient Without Proof of Demand and Acceptance: Supreme Court Right to Promotion is Not a Fundamental Right; Retrospective Benefits Without Service Cannot Be Granted: Supreme Court of India Oral Gift Validity in Mohammedan Law: Andhra Pradesh High Court Upholds Constructive Possession and Injunction Unauthorized Construction on Government Irrigation Land Must Be Demolished: Calcutta High Court Directs Sub-Divisional Officer High Court Upholds Dismissal of Petition Over Road Obstruction Due to Non-Prosecution Victim of Rape Has Right to Bodily Integrity and Reproductive Choice: Gujarat High Court Permits Termination of 24-Week Pregnancy

In the Absence of Motive and Conclusive Evidence, ‘Last Seen’ Theory Fails to Establish Guilt: Supreme Court Acquits in Circumstantial Murder Case

07 May 2024 8:19 AM

By: Admin


In a significant ruling, the Supreme Court of India acquitted Arun Shankar in a murder case, underscoring the insufficiency of circumstantial evidence to conclusively prove guilt.

The apex court emphasized the principles for cases based on circumstantial evidence, drawing from the landmark Sharad Birdhichand Sarda judgment. The Court highlighted that for conviction, the circumstances must be fully established and consistent solely with the accused’s guilt, forming a complete chain pointing towards no conclusion other than guilt.

Arun Shankar was convicted for the murder of Sushildhar Dubey based on circumstantial evidence including the ‘last seen’ theory, recovery of the murder weapon, and medical evidence. The central issue revolved around the reliability and conclusiveness of this evidence, particularly in the absence of a clear motive.

 

Weak ‘Last Seen’ Theory: Regular interactions and absence of a motive or altercation between Shankar and Dubey weakened the last seen theory.

Unproved Weapon Recovery: Testimonies of key witnesses failed to conclusively establish the recovery of the murder weapon at Shankar’s instance.

Alternative Theory of Accidental Death: The possibility of Dubey’s accidental death was supported by the presence of glass pieces at the crime scene and medical opinions indicating such injuries could be caused by glass.

The Supreme Court found the circumstances did not conclusively point to Shankar’s guilt, allowing for reasonable doubt. Consequently, Shankar was acquitted of the offences under Sections 302 and 201 of the IPC, and his bail bonds were cancelled

Date of Decision: April 10, 2024

Arun Shankar vs. The State of Madhya Pradesh

Similar News