VidhiSangh

Supreme Court of India · 13/05/2025

TUKESH SINGH & ORS. versus STATE OF CHHATTISGARH

[2025] 6 S.C.R. 266 · 2025 INSC 683

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Summary

Eight accused convicted under Section 302 read with Section 149 IPC for a double murder were acquitted because none of the injured eyewitnesses identified any accused in Court by ascribing a role, the material omissions in their police statements amounted to contradictions under the Explanation to Section 162 CrPC, and their versions differed. An eyewitness who claims to know the accused must identify them in the dock; without that the prosecution cannot link the deposition to the persons on trial.

Issues

  1. Whether the prosecution proved the guilt of the appellants beyond reasonable doubt when the eyewitnesses did not identify the accused in Court.
  2. What is the evidentiary effect of material omissions in the eyewitnesses' police statements and of delay in recording some of those statements.

Provisions considered

Held

Result

Appeals allowed. The High Court's judgment dated 10.09.2010 confirming the convictions was quashed and set aside; the appellants (accused nos. 1 to 8) were acquitted of all offences alleged against them and their bail bonds cancelled.

Judgment PDF: Supreme Court of India, [2025] 6 S.C.R. 266.