VidhiSangh

Supreme Court of India · 17/11/2017

KUNA@ SANJAYA BEHERA versus THE STATE OF ODISHA

[2017] 11 S.C.R. 179 · 2017 INSC 1124

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Summary

The appellant challenged concurrent murder convictions resting principally on a sole eyewitness who disclosed the incident only later. Considering the witness’s intoxication, uncertain visibility, unexplained silence during the prolonged occurrence and lack of independent incriminating evidence, the Court found the charge unproved and acquitted the appellant.

Issues

  1. Whether the sole eyewitness was sufficiently reliable to sustain the conviction.
  2. Whether the asserted motive, medical evidence and derivative witness accounts removed reasonable doubt.

Held

Result

Appeal allowed; appellant acquitted and directed to be released unless required in another case.

Judgment PDF: Supreme Court of India, [2017] 11 S.C.R. 179.