VidhiSangh

Supreme Court of India · 19/09/2024

SANTOSH @ RAJESH @ GOPAL versus STATE OF MADHYA PRADESH

[2024] 9 S.C.R. 609 · 2024 INSC 723

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Summary

The Supreme Court set aside the appellant's conviction for murder, which rested wholly on circumstantial evidence: the recovery from him of a pistol ballistically matched to the fatal bullet, made on the disclosure statement of a deceased co-accused. Without other evidence linking him to the killing, the chain of circumstances was incomplete and did not exclude every hypothesis other than guilt.

Issues

  1. Whether the recovery of the weapon of offence from the appellant, made on a co-accused's disclosure and supported by a ballistic report, was sufficient by itself to sustain his conviction for murder on circumstantial evidence.

Provisions considered

Held

Result

Appeal allowed; the High Court judgment and the appellant's conviction set aside; bail bonds and sureties cancelled.

Judgment PDF: Supreme Court of India, [2024] 9 S.C.R. 609.