VidhiSangh

Supreme Court of India · 05/09/2023

HARILAL ETC. versus STATE OF MADHYA PRADESH (NOW CHHATTISGARH)

[2023] 12 S.C.R. 138 · 2023 INSC 801

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Summary

The Court acquitted the two surviving appellants of murder because the prosecution had not reliably proved the genesis, manner or perpetrators of the killing. Inconsistent eyewitness accounts, uncertainty about the source of names in a delayed FIR, the unexplained location of the body and inconclusive recoveries left a reasonable possibility of a different mob assault.

Issues

  1. Whether the eyewitness evidence and recoveries proved the appellants’ guilt beyond reasonable doubt.
  2. How the unexplained delayed FIR and inconsistencies affected the prosecution account.

Held

Result

Appeals allowed. Trial and High Court judgments set aside; appellants acquitted. Bail bonds discharged and no surrender required; if detained, release forthwith unless wanted in another case.

Judgment PDF: Supreme Court of India, [2023] 12 S.C.R. 138.