VidhiSangh

Supreme Court of India · 30/07/2019

SUNITA versus STATE OF HARYANA

[2019] 10 S.C.R. 779 · 2019 INSC 828

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

Summary

The murder conviction was set aside because proof identifying the deceased’s burnt remains did not complete the chain connecting the accused to the killing. The last-seen accounts, alleged motive, extra-judicial confession and scooter recovery were insufficient on the facts. Section 106 could not require the accused to explain remains found in another person’s open field before the prosecution discharged its initial burden.

Issues

  1. Whether the last-seen and other circumstantial evidence established murder by the appellant alone.
  2. Whether section 106 shifted the burden concerning remains found at an open location outside her possession.

Held

Result

Appeal allowed; appellant acquitted on benefit of doubt, bail bonds discharged and liberty directed unless wanted in another case.

Judgment PDF: Supreme Court of India, [2019] 10 S.C.R. 779.