LegalFirms.in
LegalFirms.in Judgments · legalfirms.in/judgments/ballu-balram-balmukund-and-another-vs-the-state-of-madhya-pradesh-20240402/ · Printed 07 Nov 2026
Criminal · Reportable judgment

Ballu @ Balram @ Balmukund and Another vs The State of Madhya Pradesh

Court
Supreme Court of India
Date
2 April 2024
Case No.
Criminal Appeal No. 1167 of 2018
Result
Allowed
Bench
Bhushan Ramkrishna Gavai, Sandeep Mehta
Citation
[2024] 4 S.C.R. 48 : 2024 INSC 258
Acts & Sections
IPC CrPC Evidence Act
Supreme Court Reports [2024] 4 S.C.R. 48 : 2024 INSC 258
Issue for consideration
High Court whether justified in reversing the acquittal of the appellant Nos.1 and 2 and convicting them u/ss.302 and 201/34 and ss.302/34 and 201, Penal Code, 1860 respectively and sentencing accordingly; whether the prosecution proved its case beyond reasonable doubt and whether the appellants were guilty of committing the crime.
Headnote

Appeal against acquittal – Interference – When not sustainable: Held: Prosecution case rests on circumstantial evidence – Trial Judge gave sound and cogent reasons for discarding the testimony of the IO and the other witnesses and by elaborately discussing the evidence found that the appellants were not guilty – Findings of the trial Judge were based on correct appreciation of the material placed on record – This elaborate exercise of the trial Judge was washed away by the Division Bench of the High Court in a totally cursory manner – Though the High Court referred to the law laid down by this Court with regard to the scope of interference in an appeal against acquittal, it totally misapplied the same and a very well-reasoned judgment based upon the correct appreciation of evidence by the trial Court was reversed only on the basis of conjectures and surmises – High Court could have interfered in the criminal appeal only if it came to the conclusion that the findings of the trial Judge were either perverse or impossible – No perversity or impossibility could be found in the approach adopted by the trial Judge – Furthermore, in any case, even if two views were possible and the trial Judge found the other view to be more probable, an interference would not have been warranted by the High Court, unless the view taken by the trial Judge was a perverse or impossible view – Prosecution failed to prove any of the incriminating circumstances beyond reasonable doubt and in no case, the chain of circumstances, which was so interlinked to each other that led to no other conclusion, than the guilt of the accused persons – Judgment passed by the High Court being unsustainable is quashed and set aside – Appellants acquitted. [Paras 6, 12-14, 16, 19-23]

Evidence – Circumstantial evidence – Law as regards conviction on the basis of circumstantial evidence – Discussed.

Keywords: Appeal against acquittal · Circumstantial evidence · Chain of circumstances not interlinked · Case not proved beyond reasonable doubt · Conjectures and surmises · Findings perverse or impossible · Two possible views · Perverse or impossible view

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Judgment B.R. Gavai, J. 1. The present appeal challenges the judgment dated 6th April 2018 passed by the High Court of Madhya Pradesh at Jabalpur in Criminal Appeal No. 261 of 1995, thereby allowing the appeal of the respondentState which was filed challenging the judgment dated 26th March 1994 passed in S.T. No. 160 of 1992, vide which the learned 2nd Class Sessions Judge, Damoh (hereinafter referred to as ‘the learned trial Judge’) had acquitted the appellants of the charges under Sections 302, 201 and 34 of the Indian Penal Code, 1860 (hereinafter referred to as ‘IPC’). The High Court, re
Full text available to subscribers
Subscribe to access complete judgment text, daily digests, and AI-powered legal research tools. For informational and research purposes only.
View Subscription Plans →
Annual plans from ₹1,599 + GST.

This page is for informational and research purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.

All SC judgments →