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Supreme Court of India 2021-09-14 allowed

Nagendra Sah vs State of Bihar

Bench: 2 — Abhay S. Oka

In Brief

Nagendra Sah was convicted of murdering his wife (under Section 302 IPC) and destroying evidence (Section 201 IPC) based on a post-mortem report stating death by asphyxia due to neck pressure. The Supreme Court acquitted him, holding that circumstantial evidence must form a complete, unbroken chain pointing exclusively to guilt. Here, multiple family members were present in the house, no motive or strained relations were established, and the FIR was delayed nine months without explanation. The Court emphasized that a post-mortem opinion alone cannot sustain conviction, and Section 106 cannot fill gaps in incomplete circumstantial chains. Guilt must be proved beyond reasonable doubt.

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Criminal Procedure Circumstantial Evidence Burden of Proof Indian Evidence Act Homicide Post-mortem Evidence

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