MACT | A Minor Cannot Be Treated as a Non-Earner: Punjab & Haryana High Court Consensual Love Affair Not Cheating Under IPC Section 417: Madras High Court Acquits Man Despite Paternity Confirmation Review Jurisdiction is an Ant-Hole in a Pigeon-Hol: Madras High Court Dismisses Review Plea Against Order Upholding Arbitral Award on Liquidated Damages Bank Can Freeze Guarantor’s Salary Account to Recover Loan Dues: Kerala High Court Clarifies CPC Exemption Does Not Apply to Banker’s Right Revenue Entry Calling Property ‘Ancestral’ Does Not Create Title: Gujarat High Court Upholds Registered Will in Second Appeal Licensee Cannot Resist Resumption Of Railway Land: Gauhati High Court Upholds Eviction For Amrit Bharat Station Scheme Mere Non-Payment of Business Dues Is Not Cheating: Calcutta High Court Protects Traders from Criminal Prosecution in Purely Civil Dispute Prosecution’s Failure to Prove Age of Prosecutrix Beyond Reasonable Doubt Fatal to POCSO Conviction: Rajasthan High Court No Title, No Right, No Equity: Bombay High Court Demolishes Claim Over Footpath Stall, Imposes ₹5 Lakh Costs for Abuse of Process Section 155(2) Cr.P.C. Does Not Bar Complainant From Seeking Magistrate’s Permission: Allahabad High Court Clarifies Law on Non-Cognizable Investigations Un-Retracted Section 108 Statement Is Binding: Delhi High Court Declines to Reopen ₹3.5 Crore Cigarette Smuggling Valuation Section 34 Is Not an Appeal in Disguise: Delhi High Court Upholds 484-Day Extension in IRCON–Afcons Tunnel Arbitration Section 432(2) Cannot Be Rendered Fatuous: Calcutta High Court Reasserts Balance Between Judicial Opinion and Executive Discretion in Remission Matters Termination of Mandate Is Not Termination of Arbitration: Bombay High Court Revives Reference and Appoints Substitute Arbitrator CBI Can’t Prosecute When Bank Suffers No Loss: Andhra Pradesh High Court Discharges Bhimavaram Hospitals Directors in ₹1.5 Crore SBI Case Section 256 CrPC Cannot Be A Shield For An Accused Who Never Faced Trial: Allahabad High Court Restores 8 Cheque Bounce Complaints

Serious Doubt Arises From the Conduct of Eyewitnesses And Recovery From Open Space: Supreme Court Acquits Man of Murder Charges Due to Inadequate Evidence

07 May 2024 8:19 AM

By: Admin


In a significant verdict, the Supreme Court of India has acquitted Jasobanta Sahu, who was earlier convicted for the murder of his uncle over a property dispute. The bench, comprising Justice B.R. Gavai and Justice Sandeep Mehta, found critical flaws in the credibility of the eyewitnesses and the procedural handling of the confession and recovery of the murder weapon.

The case centered around the conviction of Jasobanta Sahu under Section 302 of the Indian Penal Code (IPC) for allegedly murdering his uncle. The initial conviction by the Trial Court under Section 304 Part I was escalated to Section 302 IPC by the High Court, relying heavily on eyewitness accounts and an extra-judicial confession.

On October 9, 1988, a report was filed claiming that Laxminarayan Sahu had been murdered following a longstanding property dispute. The police arrested Jasobanta Sahu, and investigations led to the recovery of a knife purportedly used in the murder. Eyewitness accounts from PW1 and PW2 were pivotal in the initial convictions. However, discrepancies in their testimonies and the circumstances surrounding the confession and weapon recovery were critical in the appeal.

Eyewitness Testimony Reliability: The Court noted significant inconsistencies in the testimonies of PW1 and PW2, raising doubts about their presence at the crime scene. Their delayed statements and contradictory accounts further weakened the prosecution's case.

Extra-judicial Confession and Recovery of Weapon: The Supreme Court scrutinized the extra-judicial confession to PW6, highlighting its non-spontaneous nature and the dubious circumstances surrounding the confession and weapon recovery. The justices remarked, "The evidence of the I.O. and the Panch witnesses i.e., PW5 and PW20, would reveal that the recovery of the weapon was made from an open place... As such, much reliance cannot be placed on such recovery."

Judicial Analysis: Justice Gavai pointed out, "A serious doubt arises from the conduct of PW1 and PW2 as to whether they were really the eyewitnesses to the incident or not." The Court found that the evidence presented did not meet the rigorous standards of proof 'beyond reasonable doubt' required for a conviction under Section 302 IPC.

Decision: The Supreme Court allowed the appeal, setting aside the convictions by both the Trial Court and the High Court. Jasobanta Sahu was acquitted of all charges due to the unreliability of key evidence and procedural errors in handling the case.

Date of Decision: April 30, 2024

Jasobanta Sahu vs. State of Orissa

Latest Legal News