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Criminal LawSupreme Court of India

Suresh Sahu & Another vs. The State of Bihar (Now Jharkhand)

Not available · 2025 INSC 1382Decided 27 Nov 2025
Not available
Justice Vikram Nath · Justice Sandeep Mehta

Background

In May 1990, a young sweet-seller, Gajendra, was allegedly beaten to death by three persons after a dispute over payment at a village fair in Jharkhand (then Bihar). The trial court convicted the appellants in 1994 of murder and criminal conspiracy, sentencing them to life imprisonment; the Jharkhand High Court in 2023 modified the conviction to Section 302 read with 34 IPC (with an additional fine) while keeping the life sentence.

Decision Breakdown

The Supreme Court found serious flaws in the prosecution's case: the initial FIR and a later "improved" report given by the informant gave conflicting versions of events, and two independent eyewitnesses named in that later report were never examined by the prosecution, instead, the defence called them, and they testified the accused were not present at the scene. The Court reaffirmed that a defence witness's testimony carries the same evidentiary weight as a prosecution witness's and cannot be discarded simply because the defence, not the prosecution, called them. Concluding that the conviction rested on a misreading and erroneous appreciation of evidence, with no credible evidence linking the accused to the crime, the Supreme Court acquitted both appellants and ordered their immediate release.

Lesson Learnt

A criminal conviction cannot be sustained on an inconsistent or improved prosecution story, and courts must weigh defence witnesses' testimony on equal footing with the prosecution's, not dismiss it merely because it came from the defence side.

Suresh Sahu & Another vs. The State of Bihar (Now Jharkhand) – Legal Case Shots | LegalAware