VidhiSangh

Supreme Court of India · 12/03/2018

DEV KANYA TIWARI versus THE STATE OF U.P.

[2018] 4 S.C.R. 281 · 2018 INSC 228

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Summary

The Supreme Court reversed a murder conviction because the circumstantial chain did not exclude the supported possibility of suicide by poison. The medical opinion favouring strangulation had to be assessed with the earlier complaint, prosecution witnesses supporting the defence, inquest evidence, non-examination of the treating doctor and failure to preserve viscera. On the peculiar evidence, guilt was unsafe to infer beyond reasonable doubt. The appellant received benefit of doubt and was ordered released unless required in another case.

Issues

  1. Whether the prosecution proved a complete circumstantial chain excluding innocence.
  2. How the conflicting medical and other evidence, including failure to preserve viscera, affected reasonable doubt.

Held

Result

Appeal allowed and conviction set aside on benefit of doubt; appellant to be released forthwith unless required in another case. Pending applications disposed of.

Judgment PDF: Supreme Court of India, [2018] 4 S.C.R. 281.