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Supreme Court of India 2020-10-29 allowed

Chunthuram vs State of Chhattisgarh

Bench: 3 — Sanjay Kishan Kaul, Krishna Murari, Hrishikesh Roy

In Brief

The appellant was convicted of murder under Section 302/34 IPC and sentenced to life imprisonment. The Supreme Court set aside both the trial court and High Court convictions. The Court found the prosecution case unsafe due to: (1) eyewitness testimony marred by poor vision, poor hearing, and conduct contrary to human nature; (2) a test identification parade conducted in police presence, violating procedure; (3) recovered weapons never forensically linked to the crime; and (4) motive based on a remote land dispute rather than a proximate cause. Applying the principle that when two views are possible on evidence, the one favourable to the accused must be adopted, the Court allowed the appeal and set aside the conviction."

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