VidhiSangh

Supreme Court of India · 19/09/2022

RAJU @ RAJENDRA PRASAD versus STATE OF RAJASTHAN

[2022] 7 S.C.R. 241 · 2022 INSC 983

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Summary

The deceased went to his in-laws' house to bring back his estranged wife, Suman Devi, who was alleged to be in a relationship with the co-accused Raju. The next morning he was found hanging from a tree. On circumstantial evidence, relying mainly on his daughter (PW-6) and Suman Devi's sister (PW-7), the trial court convicted Suman Devi and Raju under Section 302 read with Section 34 IPC and sentenced them to life imprisonment. The High Court affirmed. The Supreme Court allowed the appeals and acquitted both. Applying the settled tests for circumstantial evidence, the chain was incomplete. The star witness only said that after a quarrel her grandmother took the deceased to a room where he went to sleep, and that she saw no one beating her father. Even the last-seen circumstance was not proved, and nothing showed what happened afterwards.

Issues

  1. Whether the circumstantial evidence formed a complete chain pointing only to the guilt of the appellants for murder under Section 302 read with Section 34 IPC
  2. Whether the 'last seen together' circumstance was proved by the testimony of the deceased's daughter

Provisions considered

Held

Result

Appeals allowed. The convictions under Section 302 read with Section 34 IPC were set aside and both appellants acquitted and directed to be released, if not required in any other case.

Judgment PDF: Supreme Court of India, [2022] 7 S.C.R. 241.