Tag: blood stains

Why the Accused Were Freed: Supreme Court Explains Legal Holes in Prosecution’s Murder Conspiracy Case
27Nov By The Legal ChamberNo Comments
Supreme Court

Why the Accused Were Freed: Supreme Court Explains Legal Holes in Prosecution’s Murder Conspiracy Case

The Supreme Court upheld the High Court's acquittal, emphasizing the prosecution's failure to prove guilt beyond reasonable doubt. The evidence presented, including motive, last seen theory, and recoveries, was found unreliable, inconclusive, and legally inadmissible. The Court reiterated that appellate interference in an acquittal is unwarranted unless the judgment is perverse or based on a misreading of evidence. Facts Of The Case: The case originated from the murder of Shri Suresh Sharma, whose body was discovered on January 23, 2006, with his hands tied and visible signs of strangulation. The prosecution's case was that the respondents, Bhanwar Singh, Hemlata, and Narpat Choudhary, conspired to kill the deceased due to various motives. It was alleged that Hemlata and her husband Na...
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Supreme Court’s Landmark Ruling :The Problem with Extra-Judicial Confessions
23Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court’s Landmark Ruling :The Problem with Extra-Judicial Confessions

The Supreme Court acquitted the accused, holding that the prosecution failed to prove guilt beyond reasonable doubt. The conviction, based on extra-judicial confession and circumstantial evidence, was unsustainable as the confessions were unreliable and the circumstantial chain was incomplete, violating the principles established in Sharad Birdhichand Sarda. The benefit of doubt was accorded to the appellant. Facts Of The Case: Neelam Kumari, the appellant, was convicted under Section 302 of the Indian Penal Code for the murder of her infant son. The prosecution's case was that on December 8, 2006, after returning with her husband, Nikku Ram, from his ancestral village, she was left alone with the child at their home in village Nand. When Nikku Ram returned later that evening, both the a...
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How Unexplained Injuries and a Family Dispute Led to an Acquittal by the Supreme Court
9Sep By The Legal ChamberNo Comments
Supreme Court

How Unexplained Injuries and a Family Dispute Led to an Acquittal by the Supreme Court

The Supreme Court acquitted the appellant, granting the benefit of doubt. The conviction was overturned due to material inconsistencies in the prosecution's case, including an unexplained timeline of death, unrebutted defence evidence of family enmity, and a lack of medical corroboration for the alleged weapon and dying declaration. Facts Of The Case: Based on the altercation, the appellant and her husband were accused of fatally beating the deceased with sticks near a temple later that night. The prosecution's case, supported by eyewitnesses including the deceased's father (PW-7), was that the attack was retaliation for the afternoon dispute. The victim was allegedly carried home unconscious and died minutes later, with a First Information Report (FIR) lodged around 9:00 PM. How...
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Chain of Circumstances Broken: Supreme Court Frees Accused in Landmark Circumstantial Evidence Ruling
8Sep By The Legal ChamberNo Comments
Supreme Court

Chain of Circumstances Broken: Supreme Court Frees Accused in Landmark Circumstantial Evidence Ruling

This Supreme Court judgment acquits the accused based on the prosecution's failure to establish a complete chain of circumstantial evidence as mandated by Sharad Birdhichand Sarda. The court found the evidence regarding motive, last seen, extra-judicial confessions, and recoveries to be unreliable, contradictory, and insufficient to prove guilt beyond reasonable doubt. Facts Of The Case: The case involves the murder of Balwant, whose body was discovered in a waterworks tank in Hisar on December 23, 1997. His father, Har Nath (PW-11), identified the body and filed a complaint, leading to an FIR. The prosecution alleged that the accused—Shanti Devi, her son Rajbir, and Veena—murdered Balwant due to a property dispute, as Shanti Devi was a tenant in his house, and an illicit relatio...
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