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Criminal · Reportable judgment

Gambhir Singh vs The State of Uttar Pradesh

Court
Supreme Court of India
Date
28 January 2025
Case No.
Criminal Appeal No(s). 850-851 of 2019
Result
Allowed
Bench
Vikram Nath, Sanjay Karol, Sandeep Mehta
Citation
[2025] 1 S.C.R. 1508 : 2025 INSC 164
Acts & Sections
IPC Evidence Act CrPC
Supreme Court Reports [2025] 1 S.C.R. 1508 : 2025 INSC 164
Issue for consideration
Matter pertains to the sustainability of the order passed by the High Court upholding the order of conviction and death sentence awarded to the appellant by the trial court.
Headnote

Penal Code, 1860 – ss.302, 34 – Murder – Death sentence – Appellant convicted for the ghastly incident involving murder of his real brother, sister-in-law, and their four children and awarded death sentence – Acquittal of the co-accused by giving her the benefit of the doubt – Appeal thereagainst by the State, dismissed – Also, dismissal of the appeal filed by the appellant, upholding the order of conviction and death sentence – Sustainability:

Held: Not sustainable – Prosecution failed to prove even one of the three so-called incriminating circumstances, ‘motive’, ‘last seen’ and ‘recoveries’ in its quest to bring home the guilt of the appellant – Prosecution failed to lead even an iota of evidence to show that the appellant was deprived of the plot of land owned by him so as to connect such transaction with the theory of motive – Evidence of some prosecution witnesses conjectural and hearsay in nature – Two prosecution witnesses created by the prosecution and their testimony totally unworthy of credence – Inherent infirmities in the testimony of the Investigating Officer completely discredits the prosecution’s case regarding the so-called incriminating recoveries – Substratum of the prosecution case regarding the disclosure statements rendered by the appellant and the recoveries allegedly made in furtherance thereof remains unproved for want of proper evidence – Utter lackadaisical approach on part of the Investigating Agency as well as the prosecution – Investigation of a case involving gruesome murders of six innocent persons carried out in a most casual and negligent manner contributing significantly to the failure of the prosecution’s case as against the appellant – Public Prosecutor conducting the trial and as also the Presiding Officer of the trial court totally remiss while conducting the trial – Evidence of the material prosecution witness recorded without adhering to the mandatory procedural requirements of the Evidence Act – High Court failed to advert to the inherent improbabilities and infirmities in the prosecution case – Impugned judgments quashed and the conviction of the appellant set aside – Evidence Act, 1872. [Paras 20-22, 26, 27, 32, 34-38]

Keywords: Circumstantial evidence · Death penalty/sentence · Confirmation of death sentence · Beyond reasonable doubt · Incriminating circumstances · Hearsay · Conjectural evidence · Last seen · Theory of motive · Recoveries · Want of proper evidence · Lackadaisical approach on part of investigating agency · Negligence in conducting investigation

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain Dated 20th March, 2017 and 9th January, 2019 passed by the trial Court and the High Court, respectively.. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Judgment Mehta, J. 1. Heard. 2. The law is well-settled that in a criminal case irrespective of the gravity and nature of charges, the prosecution is under an obligation to prove the guilt of the accused by leading evidence which is convincing and links the accused with the crime beyond all manner of reasonable doubt. In a case based purely on circumstantial evidence, the onus is upon the prosecution to prove the chain of circumstances beyond all manner of doubt. The law in respect of the same has been crystallized in Sharad Birdhichand Sharda v. State of Maharashtra1 wherein it was held th
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