VidhiSangh

Supreme Court of India · 23/01/2025

NIMAI GHOSH & ORS. versus THE STATE OF BIHAR (NOW JHARKHAND)

[2025] 1 S.C.R. 1932 · 2025 INSC 816

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Summary

The Supreme Court set aside the High Court's reversal of the appellants' acquittal for murder and restored the trial court's acquittal. The three related eyewitnesses behaved unnaturally: they made no attempt to save the deceased and did not report the killing for about 14 hours. The medical evidence showed a single shot, contrary to their account of two, no weapon was recovered, and the chance witnesses were not corroborated.

Issues

  1. Whether the testimony of the three related eyewitnesses was credible, given their conduct during and after the incident.
  2. Whether the eyewitness account was corroborated by the medical evidence and by recovery of the weapons.
  3. Whether the High Court was justified in reversing the trial court's acquittal and convicting the appellants under Section 302/34 IPC and Section 27 of the Arms Act.

Provisions considered

Held

Result

Appeal allowed. The High Court's judgment convicting the appellants was set aside, and the trial court's acquittal was restored. The appellants, who had been exempted from surrendering, were not required to surrender.

Judgment PDF: Supreme Court of India, [2025] 1 S.C.R. 1932.