Guna Mahto vs State of Jharkhand

Court

Supreme Court of India

Date

16 March 2023

Case No.

Criminal Appeal No. 108 of 2012

Result

Allowed

Bench

Bhushan Ramkrishna Gavai, Sanjay Karol

Citation

[2023] 3 S.C.R. 782 : 2023 INSC 240

Headnote

Penal Code, 1860 : ss. 302, 201 – Murder – Prosecution case that husband murdered his wife and dumped her dead body in well to cause disappearance of evidence and later lodged missing report with the police – Conviction u/ss. 302 and 201 by the courts below – On appeal, held: Non-examination of the Investigation Officer has, in the attending circumstances rendered the prosecution case to be doubtful if not false – Offence u/s. 201 could not have been proven without his examination – Courts below presumptively, proceeded with the acquired assumption of the guilt of the accused for the reason that he was lastly seen with the deceased, and lodged a false report, forgetting that as per the version of the father of the deceased, father of the accused had himself apprised him of his missing daughter, at least two days prior to the incident – Doubt and suspicion cannot form basis of guilt of the accused – Circumstances linking the accused to the crime are not proven at all, much less beyond reasonable doubt – There is no evidenceocular, circumstantial or otherwise, which could establish the guilt of the accused – There is no discovery of any fact linking the accused to the crime sought to be proved, much less, established by the prosecution beyond reasonable doubt – Courts below erred in passing the order of conviction based on incorrect and incomplete appreciation of evidence, causing serious prejudice to the accused, also resulting into travesty of justice, thus set aside. Sharad Birdhichand Sarda v. State of Mahrashtra (1984) 4 SCC 116 : [1985] 1 SCR 88; Venkatesh v. State of Karnataka 2022 SCC OnLine SC 765;

Shatrughna Baban Meshram v. State of Maharashtra, (2021) 1 SCC 596; Pappu v. State of Uttar Pradesh (2022) 10 SCC 321; Hanumant Govind Nargundkar v. State of M.P. (1952) 2 SCC 71; Ramaphupala Reddy v. State of Andhra Pradesh (1970) 3 SCC 474; Balak Ram v. State of U.P. (1975) 3 SCC 219 : [1975] 1 SCR 753; Bhoginbhai Hirjibhai v. State of Gujarat (1983) 3 SCC

217 : [1983] 3 SCR 280 – referred to.

The Judgment of the Court was delivered by SANJAY KAROL, J. 1. The present criminal appeal is filed by appellant Guna Mahto, found guilty of murdering his wife Smt. Deomatiya Devi under Section 302 of the Indian Penal Code, 1860 by the Ld. Trial Court, Daltonganj in Sessions Trial Case No. 50 of 1989 titled as State vs. Guna Mahto vide judgement dated 10.05.2001. The Ld. Trial Court sentenced the appellant to a term of life imprisonment under Section 302 of the Indian Penal Code and two years rigorous imprisonment in relation to the offence punishable under Section 201 of the Indian Penal C

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