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Supreme Court of India · 08/08/2023

KRISHAN KUMAR AND ANR versus THE STATE OF HARYANA

[2023] 11 S.C.R. 861 · 2023 INSC 679

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Summary

The Court acquitted two appellants of murder and disappearance of evidence because the circumstantial links did not establish their involvement. No witness had last seen them with the deceased alive; the alleged motive and extrajudicial confession lacked reliable support, and recovery evidence was inconsequential on the facts. The concurrent findings were against the weight of evidence, although homicidal death itself was established.

Issues

  1. Whether an inferred presence could substitute for actual last-seen evidence.
  2. Whether the proposed motive, confession and recoveries formed a complete incriminating chain.
  3. Whether the courts had improperly shifted the prosecution’s evidentiary burden.

Provisions considered

Held

Result

Appeals allowed; convictions and sentences set aside and appellants acquitted with benefit of doubt. As they were already on bail, their bail bonds were discharged.

Judgment PDF: Supreme Court of India, [2023] 11 S.C.R. 861.