Readiness and Willingness Under Section 16(c) Is Not a Ritualistic Phrase — Plaintiff Must Prove It With Substance, Not Just Words: Karnataka High Court FIR in Disproportionate Assets Case Quashed: Patna High Court Slams SP for 'Non-Application of Mind' and 'Absence of Credible Source Information' Ownership of Vehicle Linked to Commercial Quantity of Heroin – Custodial Interrogation Necessary: Punjab & Haryana High Court Denies Anticipatory Bail under Section 482 BNSS Death Caused by Rash Driving Is Not a Private Dispute — No FIR Quashing on Basis of Compromise in Section 106 BNS Cases: Punjab & Haryana High Court No Bank Can Override Court Orders: Rajasthan High Court Slams Axis Bank for Unauthorized Withdrawal from Court-Ordered FD" Indian Courts Cannot Invalidate Foreign Arbitral Awards Passed Under Foreign Law: Madhya Pradesh High Court Enforces Texas-Based Award Despite Commercial Court’s Contrary Decree Sudden Quarrel over Mound of Earth — Not Murder but Culpable Homicide: Allahabad High Court Calling Wife by Her Caste Name in Public Just Before Suicide is Immediate Cause of Self-Immolation: Madras High Court Upholds Husband’s Conviction Under Section 306 IPC No Work No Pay Is Not a Universal Rule: Punjab & Haryana High Court Dock Identification Without Prior TIP Is Absolutely Useless: P&H High Court Upholds Acquittal in Attempt to Murder Case Filing Forged Court Pleadings in Union Government’s Name is Criminal Contempt: Karnataka High Court Sentences Litigant to Jail Execution of Will Proved, But Probate Justly Denied Due to Concealment of Property Sale: Delhi High Court Mere Designation Doesn’t Establish Criminal Liability: Bombay High Court Quashes Proceedings Against ICICI Officials in Octroi Evasion Case Fraud on Power Voids the Order: Supreme Court Quashes FIR Against Karnataka BJP Leader R. Ashoka, Slams Politically Motivated Prosecution Cause of Fire Is Immaterial If Fire Itself Is Insured Peril: Supreme Court Rebukes Insurer’s Repudiation Dragging a Trained Army Officer Up 20 Steps Without Resistance? The Story Lacks Credence: Supreme Court Upholds Acquittal in Army Officer’s Murder Semen Stains Alone Do Not Prove Rape: Supreme Court Acquits Doctor Accused of Rape No Mortgage, No SARFAESI: Supreme Court Rules Against NEDFi, Says Recovery Action in Nagaland Without Security Agreement Was Illegal Parity Cannot Be Denied by Geography: Supreme Court Holds Jharkhand Bound by Patna HC's Judgment, Orders Pay Revision for Industries Officer Once Power Flows Continuously from a Synchronized Turbine, It Is No Longer Infirm: Supreme Court Orders TANGEDCO to Pay Fixed Charges to Penna Electricity

SUPREME COURT AFFIRMS ACQUITTAL IN MURDER CASE – FAILURE TO ESTABLISH A COMPLETE CHAIN OF CIRCUMSTANCES AND INSUFFICIENT EVIDENCE

07 May 2024 8:19 AM

By: Admin


In a significant development, the Supreme Court of India has upheld the acquittal of the accused in a criminal appeal in a murder case that garnered widespread attention. The case, titled Central Bureau of Investigation (CBI) v. Shyam Bihari & Others, involved the Central Bureau of Investigation appealing against the judgment and order of the High Court of Uttarakhand at Nainital.

The Supreme Court bench, headed by Justice Manoj Misra, rendered its decision on July 17, 2023. The appeal sought to overturn the acquittal of the accused by the trial court in a case related to the killing of Raj Kumar Baliyan in 1987.

In its ruling, the Supreme Court cited insufficient evidence and a failure to establish a complete chain of circumstances to establish guilt beyond a reasonable doubt. Justice Manoj Misra stated in the judgment, “The ocular accounts of the witnesses failed to positively identify the accused as the perpetrators. The recovery of empty cartridges from the crime scene raised doubts about the involvement of other persons and the exact circumstances of the incident.”

The Court further emphasized that the cause of death was determined to be a gunshot from a .12 bore weapon, which contradicted the use of service rifles by the accused. As a result, the Court concluded that the prosecution failed to establish a direct link between the accused and the cause of death.

Justice Manoj Misra further remarked, “The circumstances found proved do not constitute a chain so far complete as to indicate that it was the accused persons and no one else who committed the crime. In such a situation, the trial court was justified in extending the benefit of doubt to the accused.”

The Supreme Court’s decision affirms the High Court’s earlier ruling, dismissing the Government Appeal filed by the CBI. The judgment highlights the importance of a complete and robust evidentiary chain in criminal cases, ensuring guilt is proven beyond a reasonable doubt.

The case has drawn significant attention from legal experts and the public alike, shedding light on the complexities involved in criminal proceedings and the burden of proof placed on the prosecution.

DATE OF DECISION: July 17, 2023

CENTRAL BUREAU OF INVESTIGATION vs SHYAM BIHARI & OTHERS     

Latest Legal News