VidhiSangh

Supreme Court of India · 14/11/2025

GOVIND versus STATE OF HARYANA

[2025] 12 S.C.R. 206 · 2025 INSC 1318

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Summary

The Supreme Court acquitted the appellant, who had been convicted of murder and an Arms Act offence on the strength of a pistol recovered on his disclosure and an FSL report. The eyewitnesses turned hostile and there was no last-seen evidence. The recovery came from an unlocked box in a room accessible to family members, without independent witnesses, the chain of custody to the FSL was incomplete, and nothing showed the recovered pistol was the murder weapon. The motive alleged was speculative and related mainly to co-accused who were acquitted or not chargesheeted.

Issues

  1. Whether a conviction under Section 302 IPC and Section 25 of the Arms Act could rest on the recovery of a pistol and cartridges at the accused's instance and a matching FSL report, when the eyewitnesses had turned hostile and motive was unproved.
  2. What part of a disclosure statement made in police custody is admissible under Section 27 of the Evidence Act.
  3. What weight attaches to a recovery made from a place accessible to others, without independent witnesses and with gaps in the chain of custody.

Provisions considered

Held

Result

Appeal allowed; conviction and sentence under Section 302 IPC and Section 25 of the Arms Act set aside; appellant acquitted and directed to be released forthwith unless required in any other case.

Judgment PDF: Supreme Court of India, [2025] 12 S.C.R. 206.