VidhiSangh

Supreme Court of India · 22/07/2025

ESAKKIMUTHU versus STATE REPRESENTED BY THE INSPECTOR OF POLICE

[2025] 7 S.C.R. 1361 · 2025 INSC 880

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Summary

Two accused were convicted under Sections 302 and 302 read with 34 IPC for the murder of a man at a TASMAC liquor shop on the testimony of his son and wife, who claimed to have followed him there by bicycle. The Court found their presence at the scene inherently improbable, since they would have had to cover about 16 kilometres on one bicycle in roughly thirty minutes, noted their failure to report at a police station on the way home, that the independent witnesses had turned hostile and spoke of four or five assailants, and that the 26 injuries pointed to a group attack; the prosecution had not proved guilt beyond reasonable doubt and both accused were acquitted.

Issues

  1. Whether the testimony of PW-1 and PW-2, the son and wife of the deceased, established their presence at the place of occurrence and could by itself sustain the conviction.
  2. Whether the prosecution proved the guilt of the accused beyond reasonable doubt when the other eyewitnesses had turned hostile and gave a different account of the attack.

Provisions considered

Held

Result

Appeals allowed; the High Court's judgment dated 10.09.2024 and the trial court's judgment dated 04.03.2020 quashed and set aside; both appellants acquitted of all charges and ordered to be released forthwith unless required in any other case; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2025] 7 S.C.R. 1361.