VidhiSangh

Supreme Court of India · 25/09/2024

VIJAY SINGH @ VIJAY KR. SHARMA versus THE STATE OF BIHAR

[2024] 10 S.C.R. 108 · 2024 INSC 735

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Summary

The Supreme Court acquitted all seven accused of abducting and murdering a woman in 1985. The so-called eyewitnesses were relatives whose presence was unexplained and contradicted by the supervising police officers, natural independent witnesses were never examined, and the informant had improved his account. Her residence at the house was not proved, and the circumstantial chain for murder failed. The High Court had also wrongly reversed the acquittal of two accused without finding the trial court's view perverse or impossible.

Issues

  1. Whether the prosecution proved the abduction of the deceased through reliable eyewitness evidence, given that the witnesses were relatives whose presence was doubtful and independent witnesses were not examined.
  2. Whether the circumstantial evidence established that the accused committed murder.
  3. Whether the High Court rightly reversed the trial court's acquittal of two accused.

Provisions considered

Held

Result

Appeals disposed of; the High Court's judgment and the trial court's conviction of the first five accused set aside, the High Court's reversal of the acquittal of the sixth and seventh accused set aside, all seven accused acquitted of all charges and directed to be released if in custody. No costs.

Judgment PDF: Supreme Court of India, [2024] 10 S.C.R. 108.