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Supreme Court of India 2023-06-21 dismissed

STATE OF PUNJAB vs KEWAL KRISHAN

Bench: 2 — B.V. Nagarathna, Manoj Misra

In Brief

The State of Punjab appealed a High Court order acquitting Kewal Krishan of murder under Section 302, IPC. The trial court had convicted based on circumstantial evidence: the deceased was last seen with the accused on 10.12.1998; the body was found two days later with wounds; the accused allegedly made an extra-judicial confession and disclosed a knife. The Supreme Court upheld the acquittal, finding the circumstantial evidence insufficient. The time gap between last being seen and body discovery was too large to exclude other possibilities; the sole witness appeared unreliable; the knife lacked forensic evidence; and the confession lacked credible motive. The Court held that circumstantial evidence must form a complete unbroken chain to prove guilt, and the High Court's plausible view dismissing the weaker prosecution case did not warrant interference.

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Criminal Law Circumstantial Evidence Murder Appellate Review Acquittal Burden of Proof Extra-Judicial Confession Weapons Recovery

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