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Supreme Court of India 2023-03-14 allowed

NAND LAL AND OTHERS vs THE STATE OF CHHATTISGARH

Bench: 3 — B.R. Gavai, Vikram Nath, Sanjay Karol

In Brief

Nand Lal, Bhagwat, Ramdular, and Naresh Kumar appealed their conviction for murder under Sections 302 and 149 of the Indian Penal Code. The crime allegedly occurred during a night attack on the deceased Kartikram's house. The Supreme Court allowed the appeals and acquitted the appellants, finding that the prosecution case rested solely on interested eyewitness testimony without sufficient corroboration. Critical factors influencing the decision were: the appellants' names did not appear in contemporaneous police documents but only in the FIR; an unexplained four-hour delay in lodging the FIR; and crucially, the prosecution failed to explain grievous injuries sustained by accused No. 11, indicating suppression of the case's true genesis. The Court held that conviction cannot rest on oral testimony of interested witnesses lacking independent corroboration, especially where previous enmity created risk of false implication.

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Criminal Law Murder Evidence Credibility of Witnesses Criminal Procedure Benefit of Doubt Unlawful Assembly Section 149 IPC

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