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Supreme Court of India · 07/10/2025

NILESH BABURAO GITTE versus STATE OF MAHARASHTRA

[2025] 11 S.C.R. 37 · 2025 INSC 1191

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Summary

The Supreme Court acquitted a son convicted under Section 302 IPC of murdering his mother on circumstantial evidence. The medical evidence left hanging open and did not establish homicide, the investigating officer's own evidence showed the appellant lived separately so Section 106 of the Evidence Act could not be invoked, the recovery evidence was unreliable and had already been rejected against the acquitted co-accused, the motive rested on an interested uncle, and the chain of circumstances was incomplete.

Issues

  1. Whether the prosecution proved that the deceased died a homicidal death.
  2. Whether the appellant could be called upon under Section 106 of the Evidence Act to explain the death on the footing that he lived with the deceased.
  3. Whether the recoveries, the alleged motive and the appellant's subsequent conduct completed the chain of circumstantial evidence against him.

Provisions considered

Held

Result

Appeal allowed; the High Court's judgment set aside and the appellant acquitted of all charges; bail bonds discharged.

Judgment PDF: Supreme Court of India, [2025] 11 S.C.R. 37.