Summary
The Court acquitted the two appellants in a circumstantial murder case because the last-seen identification and call-record evidence were unreliable. Prior police exposure undermined the identification relied on by the courts, and possession of a material SIM registered to someone else was not established. Suspicion could not substitute for a complete chain proving guilt beyond reasonable doubt.
Issues
- Whether the last-seen witnesses reliably identified the appellants.
- Whether the call-detail evidence established the claimed incriminating link.
- Whether the circumstantial chain met the standard of proof.
Provisions considered
- Section 302 read with Section 34, Indian Penal Code, 1860The prosecution failed to prove the circumstantial basis of the appellants’ murder conviction beyond reasonable doubt. (¶¶ 2, 16, 17, 18, 19, 20, 21, 22)
Held
- The identification evidence did not inspire confidence. The High Court acknowledged that the accused had been shown to witnesses at the police station and that refusing a test identification parade was justified; it nevertheless treated dock identification as sufficient. The Supreme Court rejected that reasoning in the circumstances, also noting material improvements and doubts about a witness’s presence. (¶¶ 8, 9, 10, 11, 12, 13, 20)
- A mobile number attributed to Manoj was registered to another person, without evidence explaining how its SIM came into his possession. The theory that the two accused telephoned each other while allegedly together inside the house further cast doubt on the prosecution account. The call-record link was not convincing. (¶¶ 14, 15, 20)
- Each incriminating circumstance must be established, and the complete chain must point only to guilt while excluding reasonable hypotheses of innocence. A false defence cannot supply a missing prosecution link, and even strong suspicion cannot replace proof beyond reasonable doubt. The prosecution failed that test here. (¶¶ 16, 17, 18, 19, 20)
Result
Appeals allowed; judgments of conviction and sentence set aside as against the appellants, who were acquitted of all charges. Release directed unless required in another case; bail bonds discharged.