VidhiSangh

Supreme Court of India · 21/06/2023

STATE OF PUNJAB versus KEWAL KRISHAN

[2023] 10 S.C.R. 1 · 2023 INSC 583

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Court declined to disturb acquittal in a circumstantial murder case. The last-seen evidence left a substantial time gap and did not exclude intervention by others, while the alleged confession and knife recovery were doubtful. Section 106 could not repair the prosecution’s incomplete case. The High Court had adopted a plausible view without ignoring material evidence.

Issues

  1. Whether the High Court’s acquittal was perverse or caused a miscarriage of justice warranting interference.
  2. Whether last-seen evidence and the accused’s failure to explain his departure established guilt despite gaps in the circumstantial chain.

Provisions considered

Held

Result

State’s appeal dismissed; High Court acquittal left undisturbed.

Judgment PDF: Supreme Court of India, [2023] 10 S.C.R. 1.