In Brief
Two accused were convicted for murder under Section 302 read with Section 120-B of the IPC by the High Court, which reversed the Trial Court's acquittal. The Supreme Court allowed their appeal and acquitted them. Of 87 prosecution witnesses, 71 turned hostile at trial. The High Court's conviction rested on Investigating Officers' testimony regarding Section 161 statements, voluntary statements of the accused, and recoveries made during investigation. The Court held that Section 161 statements are inadmissible under Section 162 except to contradict a witness; an IO's mere recitation of such statements cannot establish guilt. Confessions under Section 27 of the Evidence Act can inculpate only if the recovered item has independent evidence connecting it to the crime. With no eyewitness identification, no established motive, and massive witness hostility, the Court found the conviction was based on surmises and assumptions rather than legal evidence, which is impermissible in criminal law.
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