Order XLI Rule 23A CPC | Re-Trial Necessary When Crucial Parties Impleaded In Appeal: Telangana High Court Cannot Freeze Entire Bank Account For Small Disputed Sums: Rajasthan High Court Issues Comprehensive Guidelines Against Indiscriminate Account Freezes In Cyber Crime Probes 187(3) BNSS | No Extension Of Investigation Time Without Notice To Accused: Punjab & Haryana High Court Grants Default Bail In NDPS Case Road Widening Under Master Plan Cannot Be Stalled For Formal Land Acquisition, Section 305 Permits Direct Removal Of Encroachments: Madhya Pradesh High Court P&H High Court Quashes Preventive Detention Over 45-Day Delay In Informing Detenu Of Right To Represent 'Sole Allegation Of Torture Cannot Stand Alone': Andhra Pradesh High Court Acquits Husband Under Section 498A IPC After Dowry Demand Disproved Seeking Corroboration To Victim's Testimony Amounts To Adding Insult To Injury: Bombay High Court Upholds Rape Conviction Offences Of Cheating & Criminal Breach Of Trust Cannot Coexist On Same Facts: Calcutta High Court Quashes FIR Over Commercial Contract Dispute "Accident Alone Is Not Proof": Delhi High Court Acquits Bus Driver In 2003 Road Fatality Case, Rules Mere Speeding Or Collision Insufficient For Section 304A IPC Mandate Of Regulations Must Be Read Into Public Notices: Kerala High Court Reverses Order Directing NMC To Reopen Portal For Medical College's PG Seat Hike Unproven 1946 Oral Sale And Subsequent School Gift Cannot Convey Valid Title Over Tribal Land: Orissa High Court Orders Compensation After 80 Years ED Can Probe Money Laundering In J&K Corruption Cases: J&K High Court Rules S. 5(1)(d) J&K PC Act Corresponds To Amended S. 7 Of Central PC Act Not Mere Lip Service: Supreme Court Quashes GST Notice Under Section 74 Lacking Foundational Facts Of Fraud Or Suppression Selling Manufactured Goods At Factory Premises Doesn't Turn 'Industrial' Land Into 'Commercial' For Stamp Duty: Supreme Court Supreme Court Orders All States To Form Dedicated SITs To Probe Fake Motor Accident Claims, Warns Insurance Top Brass Against Selective Referrals Port Trusts Not Immune From Customs Duty On Pilfered Goods: Supreme Court Upholds Notification Declaring Mumbai Port Trust As Custodian Under Section 45

Supreme Court Upholds High Court's Acquittal in a Murder Case Based on Circumstantial Evidence

07 May 2024 8:19 AM

By: Admin


In a recent judgment, the Supreme Court of India has upheld the acquittal of the accused in a murder case by the High Court. The apex court, in its ruling, emphasized the importance of establishing guilt beyond reasonable doubt in cases based on circumstantial evidence.

Bench comprising Hon'ble Justice B.V. Nagarathna and Hon'ble Justice Manoj Misra stated, "Normally, this Court is reluctant to interfere with an order of acquittal. But when it appears that the High Court has on an absolutely wrong process of reasoning and a legally erroneous and perverse approach to the facts of the case and ignoring some of the most vital facts, acquitted the respondent and the order of acquittal passed by the High Court has resulted in a grave and substantial miscarriage of justice, extraordinary jurisdiction under Article 136 of the Constitution of India may rightfully be exercised."

The case involved the State of Punjab as the appellant and Kewal Krishan as the respondent. The prosecution's case relied on circumstantial evidence, including the last seen circumstance, discovery of the deceased's body, an alleged extra-judicial confession, and the recovery of a knife. However, the High Court had set aside the conviction and acquitted the accused, casting doubt on the reliability of witnesses and the evidentiary value of the circumstances presented.

The Supreme Court, while considering the appeal, highlighted the need to establish each incriminating circumstance beyond reasonable doubt and to form a complete chain of evidence pointing towards the accused's guilt. The Court agreed with the High Court's doubts regarding the witness's disclosure, the inconclusiveness of the last seen circumstance, uncertainties surrounding the recovery of the weapon, and the weak nature of the alleged extra-judicial confession.

The bench further stated, "The High Court was justified in doubting the testimony of the witness and finding the last seen circumstance inconclusive in pointing towards the guilt of the accused by excluding other hypotheses consistent with his innocence."

The Court dismissed the appeal, upholding the order of acquittal passed by the High Court, as it found no justification to interfere with the plausible view taken by the High Court.

This judgment reiterates the significance of ensuring a thorough analysis of circumstantial evidence and the need for a complete chain of evidence to establish guilt beyond reasonable doubt. It serves as a reminder that the principles of justice require careful scrutiny and a high threshold of proof in criminal cases based on circumstantial evidence.

DATE OF DECISION: June 21, 2023  

STATE OF PUNJAB vs KEWAL KRISHAN

Latest Legal News