Summary
The Supreme Court declined to interfere with refusal of leave to appeal against an acquittal in an alleged murder by electrocution. Although a short delay should not ordinarily defeat an appeal involving murder, the merits had also been considered. The medical evidence left accidental death possible, and the prosecution failed to establish a complete chain of circumstances proving the respondents’ guilt. Suspicion could not replace proof beyond reasonable doubt.
Issues
- Whether refusal of leave to appeal warranted interference where the High Court referred to a forty-one-day delay but the prosecution evidence also failed on merits.
- Whether the circumstantial and medical evidence established homicidal death caused by the accused beyond reasonable doubt.
Provisions considered
- Article 136, Constitution of IndiaThe Court declined discretionary interference after examining the prosecution evidence and finding the acquittal justified, notwithstanding the short delay referred to by the High Court. (¶¶ 3, 4, 5, 33, 37, 40)
Held
- Courts do not ordinarily dismiss an appeal involving a serious offence such as murder solely for some delay. Here the leave application had also been considered on merits, and those merits disclosed no basis to disturb the acquittal. (¶¶ 3, 4, 5, 33, 40)
- Finding the body in premises held by an accused and being informed of the death by the accused did not establish murder. The medical evidence permitted accidental electrocution, while the alleged loan motive and other testimony did not supply reliable links establishing guilt. (¶¶ 15, 16, 17, 18, 25, 26, 27, 30, 31, 32, 33)
- Circumstances must be firmly proved and collectively form a complete chain consistent only with guilt. Suspicion cannot substitute for proof, and where the evidence reasonably permits innocence that view must prevail, particularly when an acquittal reinforces the presumption of innocence. (¶¶ 34, 35, 36, 37, 38, 39)
Result
Special leave petition dismissed; the acquittal remained undisturbed and the pending application was disposed of.