VidhiSangh

Supreme Court of India · 27/05/2022

CHANDRAPAL versus STATE OF CHHATTISGARH (EARLIER M.P.)

[2022] 3 S.C.R. 366 · 2022 INSC 629

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Summary

A young couple from different castes in a Chhattisgarh village disappeared in December 1994 and were found nine days later hanging from a cashew tree, their bodies decomposed. The post-mortem doctor found death by asphyxia due to hanging and recorded its nature as suicidal, saying he could not opine on homicide. The prosecution alleged that the girl's uncle, father and two others strangled the pair and staged the hanging, relying on an extra-judicial confession by the co-accused Videshi and on a witness who had seen the uncle call the boy to his house some ten days before the bodies were found. The trial court convicted all four; the High Court acquitted three of murder, disbelieving the confession, but confirmed the uncle's conviction under Sections 302 and 201 read with 34 IPC. The Supreme Court acquitted him.

Issues

  1. Whether a conviction for murder can be sustained on circumstantial evidence when the medical evidence records the deaths as suicidal by hanging and the prosecution has not proved homicidal death.
  2. Whether an extra-judicial confession by a co-accused, disbelieved by the High Court as against the other accused, can be used as an incriminating circumstance against the appellant alone.
  3. Whether the 'last seen together' theory can found a conviction when the deceased was seen with the accused about ten days before the body was found and no other link in the chain exists.

Provisions considered

Held

Result

Appeal allowed; the Chhattisgarh High Court's judgment of 25.03.2014 in Criminal Appeal No. 1812 of 1998 confirming the appellant's conviction under Sections 302 and 201 read with Section 34 IPC set aside; the appellant acquitted and directed to be set free forthwith.

Judgment PDF: Supreme Court of India, [2022] 3 S.C.R. 366.