Kamal vs State (NCT of Delhi)

Court

Supreme Court of India

Date

7 August 2023

Case No.

Criminal Appeal No. 465 of 2017

Result

Allowed

Bench

Bhushan Ramkrishna Gavai, Prashant Kumar Mishra

Citation

[2023] 11 S.C.R. 49 : 2023 INSC 678

Issue for consideration

In a prosecution case where father was found dead by the complainant-brother of the deceased, and suspicion arose on the son of the deceased on account of the property dispute between the father and the son, and the son fled from the scene of incident and was apprehended two days later, whether the courts below were justified in convicting the son u/s. 302/34 IPC and sentencing him to rigorous imprisonment for life. Penal Code, 1860 – s. 302 r/w 34 – Murder – Circumstantial evidence and last seen theory – Conviction on basis of, by the courts below – Correctness:

Headnote

Held : Failure of the prosecution to prove the case as they need to prove the incriminating circumstances beyond reasonable doubt – Suspicion howsoever strong, cannot take place of a proof beyond reasonable doubt – Sanctity of test identification parade before the court doubtful since the accused were already shown to the witnesses in the Police Station – Evidence with regard to last seen theory totally unreliable – Evidence regarding the Call Detail Records-CDRs does not inspire any confidence – Thus, the judgment and order passed by the High Court as also the trial court quashed and set aside – Appellants acquitted of all charges – Evidence. [Paras 13, 19, 20 and 21] Evidence – Circumstantial evidence – Conviction on basis of – Conditions to be fulfilled:

Held : Circumstances from which the conclusion of guilt is to be drawn should be fully established – Facts so established should be consistent only with the hypothesis of the guilt of the accused, they should not be explainable on any other hypothesis except that the accused is guilty – Circumstances should be of a conclusive nature and tendency and they should exclude every possible hypothesis except the one sought to be proved – There must be a chain of evidence so complete so as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused. [Para 18] Evidence – Case of murder – Conviction on basis of strong suspicion – Correctness of:

Held : Suspicion howsoever strong, cannot take place of a proof beyond reasonable doubt. [Para 19]

Evidence – Last seen theory – Reliance upon:

Held : Evidence with regard to last seen theory totally unreliable. [Para 20]

Evidence – Call Detail Records – Reliance upon:

Held : Evidence regarding Call Detail Records does not inspire any confidence. [Para 20]

Test identification parade – Evidentiary value, when accused already shown to the witnesses in the Police Station: Held : Sanctity of test identification parade before the court is doubtful. [Para 13]

LIST OF CITATIONS AND OTHER REFERENCES

Sharad Birdhichand Sarda v. State of Maharashtra (1984) 4 SCC

116 : [1985] 1 SCR 88 – relied on.

OTHER CASE DETAILS INCLUDING IMPUGNED

ORDER AND APPEARANCES

CASE DETAILS KAMAL v. STATE (NCT OF DELHI) (Criminal Appeal No. 465 of 2017) AUGUST 07, 2023 [B. R. GAVAI AND PRASHANT KUMAR MISHRA, JJ.] HEADNOTES Issue for consideration : In a prosecution case where father was found dead by the complainant-brother of the deceased, and suspicion arose on the son of the deceased on account of the property dispute between the father and the son, and the son fled from the scene of incident and was apprehended two days later, whether the courts below were justified in convicting the son u/s. 302/34 IPC and sentencing him to rigorous imprisonment for life

View Subscription Plans →