VidhiSangh

Supreme Court of India · 03/06/2022

MAHENDRA SINGH AND ORS. versus STATE OF M.P.

[2022] 6 S.C.R. 737 · 2022 INSC 637

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Summary

Eleven men were tried for the 1994 murder of Bhagat Singh in Vidisha district, Madhya Pradesh; the trial court acquitted six and convicted five under Sections 148 and 302 read with 149 IPC, and the High Court affirmed. The conviction rested on the testimony of the deceased's brother, who claimed to have been walking ahead of the deceased and to have seen the accused attack him with ballams, rods and lathis before fleeing. The Supreme Court acquitted the appellants. Two other prosecution witnesses, corroborated by two defence witnesses, deposed that the brother was at home when a villager told him that Bhagat Singh was lying dead on the road, whereupon he wept and went to the spot; he therefore could not have seen the incident.

Issues

  1. Whether a conviction for murder can rest on the sole testimony of the deceased's brother as an eyewitness when other prosecution and defence witnesses show that he learnt of the death from a villager while at home.
  2. Whether medical evidence of a homicidal death can corroborate a witness's claim to have seen the assault, and whether proof of motive alone can sustain a conviction.

Provisions considered

Held

Result

Appeals allowed; the Madhya Pradesh High Court's judgment of 06.08.2019 in Criminal Appeal No. 317 of 2000 and the trial court's judgment of 18.04.2000 in Sessions Trial No. 248 of 1996 set aside; the appellants acquitted of all charges and directed to be set at liberty forthwith if not required in any other case.

Judgment PDF: Supreme Court of India, [2022] 6 S.C.R. 737.