Introduction:
In Krishan v. State of Haryana (2024 Latest Caselaw 52 SC), the Supreme Court held that a conviction cannot be sustained solely on doubtful recovery evidence, particularly when eyewitnesses have not supported the prosecution. The Court acquitted the appellant after finding that the alleged recovery of the weapon of offence was unreliable and that the prosecution had failed to establish guilt beyond reasonable doubt.
Facts of the Case
The appellant was convicted for the murder of two persons under Section 302 of the Indian Penal Code and for an offence under the Arms Act. According to the prosecution, two eyewitnesses had witnessed the incident, and the weapon used in the offence was later recovered at the appellant's instance. A ballistic report indicated that the bullet recovered from one of the deceased could have been fired from the recovered weapon. However, during the trial, both eyewitnesses turned hostile and did not support the prosecution. The prosecution thereafter primarily relied on the alleged recovery of the country-made pistol and cartridges at the instance of the appellant.
Issue Before the Supreme Court
The principal issue was whether the conviction could be sustained solely on
the basis of the alleged recovery of the weapon when the eyewitnesses had failed to support the prosecution and the recovery itself was doubtful.
Supreme Court's Findings
The Supreme Court found several serious deficiencies in the prosecution
case. The Court observed that: •Both eyewitnesses had turned hostile, leaving no direct evidence against the appellant.
•The alleged recovery of the weapon was made more than one month after the incident.
•The recovery was from an open public place accessible to everyone.
•Although the recovery memo stated that the weapon had been buried underground, the investigating officers did not depose that the weapon was recovered after digging. •Independent witnesses were available but were notassociated with the recovery proceedings. The Court also held that the appellant's alleged disclosure regarding the place where the dead bodies had been thrown was inadmissible under Section 27 of the Indian Evidence Act because the police had already recovered the bodies long before the disclosure was made. Another significant lapse noted by the Court was the failure of the investigating agency to examine the role of another person whom the deceased's own brother had suspected of committing the murders. This omission further weakened the prosecution's case.
Final Decision
The Supreme Court allowed the appeal and: •Set aside the judgments of the Trial Court and the High Court.
•Acquitted the appellant of all charges.
•Directed his immediate release unless required in any other case.
Significance of the Judgment
The judgment reiterates that recovery of a weapon alone cannot sustain a conviction unless the recovery is proved through reliable and convincing evidence. It also emphasises that where eyewitnesses fail to support the prosecution and the investigation suffers from significant lapses, the accused is entitled to the benefit of doubt. The decision reinforces the principle that criminal conviction must rest on credible evidence proving guilt beyond reasonable doubt.