SC Sets Aside The Conviction Of A Man Accused Of Murder Due To Lack Of Establishment Of Chain Of Circumstances

The Supreme Court bench comprising Justices B.R. Gavai and Sanjay Karol recently directed a man accused of murder to be released as it was observed that chain of circumstances has not been established and the guilt has not been proved beyond reasonable doubt.

In the matter at hand , a man was allegedly murdered by the accused Pradeep Kumar in Chhattisgarh. The IO commenced the investigation and after verifying the place of occurrence sent the body for post mortem. It was revealed that the murder was committed because the accused had the desire to use the shop of the deceased. 

The trial court relied on an extra judicial confessional statement of the accused made in the presence of several people which established the animosity between the accused and the deceased. Additionally the police recovered keys of the shop of the deceased from the accused. 

The trial Court convicted both the accused in relation to offences punishable under Section 302 read with 34 of  IPC and 201read with 34 of IPC and sentenced them to serve imprisonment for life and pay fine of Rs.500/- in relation to the offence under Section 302/34 as also suffer imprisonment for seven years and pay fine of Rs.500/- in respect of the offence punishable under Section 201 of IPC.The conviction was upheld by the high court as well.

The apex court observed that none of the Courts below have returned finding to the effect that the guilt of the accused stands proven by the prosecution, beyond reasonable doubt. Suspicion, however grave or probable it may be, cannot substitute the evidence, be it circumstantial or direct in nature, in establishing the guilt of the accused beyond reasonable doubt, the onus of which, at the first instance, is to be discharged by the prosecution. 

With regards to the keys found on the accused, the court observed that there is no independent corroborated material except for the confessional statement of the accused, which also is not proven on record. Even otherwise, the keys, the currency notes and the blood stained clothes were not sent for chemical analysis.

The apex court relied on the decision of Kali Ram v. State of H.P. and observed that it is important to note that the cardinal principles in the administration of criminal justice in cases where heavy reliance is placed on circumstantial evidence, is that where two views are possible, one pointing to the guilt of the accused and the other towards his innocence, the one which is favourable to the accused must be adopted.

The court observed that in the present case there is neither the chain of circumstances to have been completely established nor the guilt of the accused alone, having committed the crime to be proven, much less beyond reasonable doubt.

In the light of the aforementioned the court set aside the order of the trial court as well as the high court and directed the accused to be released unless his present is required in any other case.

CASE: PRADEEP KUMAR V. STATE OF CHATTISGARH

CRIMINAL APPEAL NO. 1304 OF 2018