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Criminal · Reportable judgment

Rajendra Singh and Ors. vs State of Uttaranchal Etc.

Court
Supreme Court of India
Date
7 October 2025
Case No.
Criminal Appeal No(s). 476-477 of 2013
Result
Allowed
Bench
Pankaj Mithal, Prasanna Bhalachandra Varale
Citation
[2025] 10 S.C.R. 342 : 2025 INSC 1193
Acts & Sections
IPC Evidence Act
Supreme Court Reports [2025] 10 S.C.R. 342 : 2025 INSC 1193
Issue for consideration
Issue arose as regards the correctness of the order passed by the High Court convicting the appellants u/s.302 IPC; and whether the appellants are the real persons who chased the deceased and killed him.
Headnote

Penal Code, 1860 – s.302 – Murder – Benefit of doubt – Altercation between the parties over a land dispute – Few hours later, the appellants armed with swords and sharp edged weapon inflicted blows upon the son of the complainant resulting in his death – Acquittal by the trial court, however, conviction of the appellants-father, son and son-in-law u/s.302 with life imprisonment and fine by the High Court – Correctness:

Held: Statement of the appellants that the weapons recovered were the weapons of crime cannot be read against them in view of ss.25 and 26 rw s.27 of the 1872 Act – Only that part of the statement which leads the police to the recovery of the weapons is admissible, and not the part which alleges that the weapons recovered were actually the weapons of crime – Ocular evidence of prosecution witnesses, if read together, not sufficient to identify the appellants as the persons who attacked and assaulted the deceased resulting in his death – Their presence at the scene of crime becomes doubtful – Information leading to the recovery of the weapons of crime is admissible, but not the information that the crime was actually committed by the said weapons – Identity of the appellants as the persons involved in the offence not established either by any ocular evidence or from the recovery of the weapons of crime – Order of acquittal passed by the trial court not open to interference by the first appellate court until and unless the findings recorded by the trial court were per se perverse or erroneous – It is safer and more appropriate to rely upon the findings of the trial court which has seen the demeanor of the witnesses rather than to rely upon the findings of the first appellate court – High Court erred in reversing the finding of the trial court without coming to the conclusion that the findings of the trial court were perverse – High Court manifestly erred in interfering with the findings of acquittal recorded by the trial court and reversing the judgment so as to convict the appellants – Doubtful whether the offence has been committed by the appellants – Conviction of the appellants set aside – Appellants acquitted of the alleged offence by granting them the benefit of doubt – Evidence Act, 1872 – ss.25 and 26 rw s.27. [Paras 33-36]

Keywords: Murder · Benefit of doubt · Altercation between the parties · Swords and sharp edged weapon · Acquittal · Life imprisonment · Weapons · Ocular evidence

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

Full Judgment Text

Judgment Pankaj Mithal, J. 1. All the three appellants, father, son and son-in-law are accused in Session Trial No.215 of 2000 for the murder of Pushpendra Singh, son of Diler Singh. 2. They were acquitted by the Trial Court but have been convicted under Section 302 of Indian Penal Code (for short, ‘IPC’) with life imprisonment and a fine of Rs.10,000/- each by the High Court vide the judgment and order dated 02.01.2013 passed in Government Appeal No.347 of 2007 (State of Uttaranchal vs. Rajendra Singh and Ors.). 3. All the three accused have challenged the aforesaid judgment and order of
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