VidhiSangh

Supreme Court of India · 06/08/2025

SHANTI DEVI versus STATE OF HARYANA

[2025] 8 S.C.R. 919 · 2025 INSC 987

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Summary

The appellant's conviction under Sections 302/34 and 201/34 IPC, resting entirely on circumstantial evidence (motive, extra-judicial confessions, last-seen evidence and recoveries), was set aside. The informant gave contradictory versions on motive; the co-accused's confession was made in the presence of the police and was inadmissible under Sections 25 and 26 of the Evidence Act; the recoveries were doubtful and the FSL report found no blood on the weapons; the extra-judicial confessions were a police creation. The appellant was acquitted and the benefit extended to her non-appealing son.

Issues

  1. Whether the circumstantial evidence of motive, extra-judicial confessions, last-seen-together and recoveries formed a complete chain establishing the appellant's guilt beyond reasonable doubt.
  2. Whether a confessional statement of a co-accused narrated by a witness, made in the presence of police officials, is admissible in evidence.
  3. Whether the benefit of acquittal should be extended to a co-accused who did not appeal.

Provisions considered

Held

Result

Appeal allowed; High Court judgment dated 24.05.2024 and trial court judgment dated 14.01.2003 quashed; the appellant acquitted and to be released forthwith if not wanted in any other case; the non-appealing co-accused Rajbir also acquitted and to be released; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2025] 8 S.C.R. 919.