VidhiSangh

Supreme Court of India · 06/08/2019

BALWAN SINGH versus THE STATE OF CHHATTISGARH AND ANR.

[2019] 11 S.C.R. 1 · 2019 INSC 862

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

Murder and rioting convictions were set aside because the purported eyewitness accounts, delayed statements and weapon recoveries did not establish guilt beyond reasonable doubt. Delay alone does not discredit a witness, and an inconclusive blood-group report is not invariably fatal. Here, however, the explanation for delay was contradicted by the evidence, the prosecution account appeared concocted and even the human origin of the recovered bloodstains was unproved. The benefit extended to similarly placed convicted co-accused who had not appealed.

Issues

  1. Whether the eyewitness evidence and bloodstained weapon recoveries proved the charges beyond reasonable doubt.
  2. Whether failure to identify the origin or group of recovered blood necessarily defeats the prosecution.

Held

Result

Appeals allowed; trial and High Court judgments set aside. Appellants and the other convicted accused in the same sessions trial directed to be released forthwith unless required in another case.

Judgment PDF: Supreme Court of India, [2019] 11 S.C.R. 1.