VidhiSangh

Supreme Court of India · 23/05/2025

AGNIRAJ & ORS. ETC. versus STATE THROUGH DEPUTY SUPERINTENDENT OF POLICE CB-CID

[2025] 5 S.C.R. 856 · 2025 INSC 774

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Summary

The Supreme Court acquitted eleven accused convicted of a triple murder arising from a panchayat election rivalry, holding that the first informant's account was exaggerated and doubtful, that a witness who stayed silent for 43 days and whose companion was never examined could not be believed, that a child witness examined on oath without preliminary questions and without a test identification parade had to be excluded, and that fingerprint evidence without a mahazar and unexhibited photographs failed; the Court also held that the Article 136 precedents on concurrent findings do not bar it from appreciating the evidence to see whether striking features were overlooked.

Issues

  1. Whether the testimonies of the three alleged eye-witnesses (the first informant PW-1, the delayed witness PW-2 and the child witness PW-9) were reliable enough to sustain convictions under Sections 302 and 307 read with Section 149 IPC.
  2. Whether a child witness could be examined on oath without the trial court first putting preliminary questions to ascertain her capacity and understanding of the oath, and whether her dock identification without a test identification parade could be relied on.
  3. Whether the fingerprint evidence, recoveries of weapons and paint-flake evidence could independently support the convictions.
  4. Whether the Supreme Court, in an appeal by special leave under Article 136 against concurrent findings, may reappreciate the evidence.

Provisions considered

Held

Result

Appeals allowed; judgments of the High Court and the Trial Court set aside; appellants (Accused Nos. 1 to 11), who had undergone more than nine years and four months of sentence, acquitted of all offences and directed to be released forthwith if not required in any other case.

Judgment PDF: Supreme Court of India, [2025] 5 S.C.R. 856.