In Brief
Arvind Kumar and others were convicted of murder under Section 302 IPC and Section 302 read with Section 149 IPC arising from a violent incident involving a dispute over a pathway. The Supreme Court allowed their appeals, acquitting them on grounds of private defence. The Court found the investigation was deliberately incomplete, suppressing material facts including the civil dispute, the accused's substantial injuries (25 and 20 injuries respectively), and prior reconciliation efforts. The Court held that a plea of private defence need not be explicitly raised in statements; when substantial unexplained injuries are suffered by the accused and evidence supports the defence, the accused is entitled to benefit of doubt. The prosecution failed to prove the common unlawful object required under Section 149 IPC.
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