VidhiSangh

Supreme Court of India · 22/11/2021

ARVIND KUMAR @ NEMICHAND & ORS. versus STATE OF RAJASTHAN

[2021] 11 S.C.R. 237 · 2021 INSC 764

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Summary

The Court acquitted the convicted appellants and upheld the other accused persons’ acquittals after finding deliberate suppression of substantial injuries, the pathway dispute and circumstances supporting private defence. This was not merely an imperfect investigation: the concealed material undermined the prosecution’s account of the occurrence. Private defence was possible and plausible on the evidence, and there was insufficient reliable material to find that its limits had been exceeded.

Issues

  1. Whether suppression of the accused persons’ injuries and the genesis of the dispute undermined the convictions.
  2. What burden and evidentiary approach apply to a plea of private defence.
  3. Whether common-object liability and the convictions could survive the inseparable weaknesses in the prosecution evidence.

Provisions considered

Held

Result

Accused persons’ Criminal Appeal Nos.753 and 756 of 2017 allowed, with benefit of doubt. The de facto complainant’s Criminal Appeal Nos.754–755 of 2017 challenging acquittals dismissed.

Judgment PDF: Supreme Court of India, [2021] 11 S.C.R. 237.