VidhiSangh

Supreme Court of India · 13/10/2022

SUBRAMANYA versus STATE OF KARNATAKA

[2022] 14 S.C.R. 828 · 2022 INSC 1083

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

Summary

The appellant was accused of killing a woman in Karnataka in 2010 because she opposed his relationship with her stepdaughter, and of burying the body with a co-accused's help. The trial court acquitted all three accused. On the State's appeal, the High Court convicted him of murder, mainly on the co-accused's extra-judicial confession to the deceased's son-in-law four months later and on discoveries attributed to him. The Supreme Court restored the acquittal. The High Court never found the acquittal palpably wrong, as it must before reappraising evidence. A co-accused's confession under Section 30 of the Evidence Act can only lend assurance to other evidence, yet the High Court began with it. A Section 27 discovery requires proof of the accused's exact words, and pointing out an object does not prove who hid it. Conduct and hearsay motive cannot alone support a conviction.

Issues

  1. Whether the High Court rightly reversed the acquittal and convicted the appellant of murder on circumstantial evidence.
  2. What evidentiary value attaches to an extra-judicial confession of a co-accused and to discoveries claimed under Section 27 of the Evidence Act.

Provisions considered

Held

Result

Appeal allowed; the High Court's conviction set aside and the appellant directed to be released forthwith if not required in any other case.

Judgment PDF: Supreme Court of India, [2022] 14 S.C.R. 828.