Supreme Court Acquits Accused in Murder Case Citing Inadequate Evidence: Eyewitness Testimony and Extra-judicial Confession Deemed Unreliable

In a significant ruling, the Supreme Court of India acquitted the accused in a murder case, emphasizing the lack of sufficient evidence to uphold the conviction. The Bench comprising Hon'ble Mr. Justice Hrishikesh Roy and Hon'ble Mr. Justice Pankaj Mithal passed the order on July 27, 2023, in Criminal Appeal No. 851 of 2011 and Criminal Appeal No. 852 of 2011.

The case pertained to the murder of one Shanmugam on August 6, 1994, where two accused, Kadira Jeevan (A-1) and B.S. Dinesh (A-3), were convicted under Section 302 read with Section 112 read with Section 34 of the Indian Penal Code (IPC) and sentenced to life imprisonment. The conviction was based on the testimony of an eyewitness (PW-1) and an extra-judicial confession reported in a newspaper.

The Court noted that the eyewitness's presence at the crime scene was doubtful due to inconsistencies in his statements and contradictions with other witnesses. The Court stated, "Presence of PW-1 at the time of the shooting at the place of incident is difficult to accept...it is not conclusively established that PW-1 was an eye-witness to the shooting incident."

Regarding the extra-judicial confession, the Court cited, "Newspaper reports can at best be treated as secondary evidence...an extra-judicial confession cannot be given greater credibility only because it is published in a newspaper."

Furthermore, the Court observed that the evidence did not prove the existence of a common intention or conspiracy among the accused. The Court held, "Merely because the car had slowed down and then sped away after the shooting without anything further, cannot be the basis to rope in A-3 (accused No. 3) who was the driver in the car. It would not attract common intention for all the occupants in the car when the shooting was carried out by A-8."

Based on these critical findings, the Bench ordered the acquittal of both Kadira Jeevan (A-1) and B.S. Dinesh (A-3) and discharged their bail bonds.

This judgment highlights the importance of credible evidence and the need to establish guilt beyond reasonable doubt in criminal cases. The Court's decision serves as a reminder of the fundamental principle of criminal jurisprudence, ensuring justice prevails in the face of uncertainty and hearsay.

Date of Decision: July 27, 2023

DINESH B.S. vs STATE OF KARNATAKA