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Criminal · Reportable judgment

Govind vs State of Haryana

Court
Supreme Court of India
Date
14 November 2025
Case No.
Criminal Appeal No. 5641 of 2024
Result
Allowed
Bench
J.K. Maheshwari
Citation
[2025] 12 S.C.R. 206 : 2025 INSC 1318
Acts & Sections
IPC Arms Act, 1959 Evidence Act
Supreme Court Reports [2025] 12 S.C.R. 206 : 2025 INSC 1318
Issue for consideration
Whether the judgment of Trial Court, as affirmed by the High Court, convicting the appellant for the charges u/s.302, IPC and s.25, Arms Act and the sentence as directed, is based on cogent material and evidence sufficient to prove the charges beyond reasonable doubt.
Headnote

Evidence – Alleged recovery made from a place accessible to others – Mere recovery and the FSL report, if can sustain the conviction – Appellant convicted u/s.302, IPC and s.25, Arms Act and sentenced to undergo imprisonment for life – Mere recovery and the FSL report, if by itself can sustain the conviction of the appellant when other co-accused having motive was acquitted and the eye-witness turned hostile and did not support the prosecution case; no evidence of ‘last seen’ was adduced and the alleged motive against the appellant was not proved:

Read the full headnote (1 more paragraph)

Held: Prosecution failed to prove the guilt of the appellant beyond reasonable doubt – PW-1, the brother of the deceased and the alleged eye-witness of her murder along with his brother, PW-5 have not supported the case of prosecution to prove the presence of the appellant on the spot – Any other circumstance connecting the accused in commission of the offence and to show his presence on spot or with deceased has not been proved by the prosecution – Accused was not named in the FIR initially – His name came up after five days of the incident on suggestion by PW-1 – Pursuant to the disclosure statement of the appellant, a country-made pistol and two live cartridges were allegedly recovered – However, the prosecution did not establish that the said recovery distinctly relates to the commission of the offence or that the weapon so recovered was the same which was used to commit murder so as to constitute a relevant fact distinctively related to the disclosure – The recovery was effected from an iron box lying in a room in the house of the appellant accessible to other family members, wherein various household articles were kept, which were neither seized nor proved examining any independent witness from neighborhood – After the recovery, the pistol and cartridges were kept in the Malkhana, but the record does not indicate on which date these were handed over to PW-6 for deposit to the FSL and the same article was sent for forensic examination – Chain of recovery linking the seizure, storage, and deposit of the material exhibits thus remains incomplete and was not duly proved – Though the FSL report indicates that the pistol and cartridges recovered correlate with the bullets found in the body of the deceased, such evidence by itself is not sufficient to establish the appellant’s guilt in the absence of any proof that the recovered pistol was indeed used in the commission of the offence – Judgment of the High Court and the Trial Court insofar they relate to the conviction and sentence of the appellant, set aside – Appellant acquitted. [Paras 22, 23, 25] Evidence Act, 1872 – s.27 – Words and Phrases – “distinctly” as used in s.27 – Meaning. [Para 15]

Keywords: Guilt not proved beyond reasonable doubt · Country-made pistol and live cartridges allegedly recovered · Not established that recovery relates to commission of offence · Not established that weapon recovered was used to commit murder · Relevant fact · Related to the disclosure · Recovery · Iron box in a room accessible to other family members · No independent witness from neighborhood · Chain of recovery incomplete and not duly proved · No proof that recovered pistol was used in the commission of offence

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

Full Judgment Text

Judgment J.K. Maheshwari, J. 1. This appeal is directed against the judgment of conviction of the appellant dated 08.11.20231 for the charges under Section 302 of In CRA-D-913-DB-2018 (O&M) passed by High Court of Punjab and Haryana at Chandigarh the Indian Penal Code (in short, IPC) and for Section 25 of the Arms Act, 1959. The High Court1 vide impugned judgment affirmed the Trial Court2 judgment dated 29.08.20183 and also the sentence as directed. FACTS IN BRIEF 2. The prosecution’s case, in brief, was that an incident took place on 12.06.2016 at 6 am in village M.P. Majra of committing m
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