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Central Bureau of Investigation vs. Shyam Bihari & Others (2023 INSC 623)

Criminal Appeal · 2023 INSC 623Decided 17 Jul 2023
Criminal Appeal No. 413 of 2013
B.V. Nagarathna · Manoj Misra

Background

In 1987, a man died of gunshot injuries near a village in Uttar Pradesh. Two conflicting versions of events emerged: one alleging he was shot by three policemen on patrol, and another (registered by the police) alleging he was a criminal shot during an exchange of fire. After CBI investigation, three police constables were tried for murder. The trial court acquitted them, and when the State's appeal against acquittal was filed late, the High Court condoned the delay but refused to even grant leave to appeal, effectively ending the case. The CBI then approached the Supreme Court.

Decision Breakdown

The Supreme Court examined the trial court's reasoning in detail and found it sound: the two eyewitnesses who traveled with the deceased could not identify any of the accused as the shooters, and the key witness who claimed to identify the shooter was found unreliable (he delayed reporting for over a week, then submitted an affidavit drafted by a lawyer alongside two other identically worded affidavits). Crucially, the medical evidence showed the deceased died from a shotgun wound, not a rifle bullet, even though the police carried rifles, undermining the theory that these specific accused fired the fatal shot. The Court held that circumstantial evidence (some spent rifle cartridges matching the accused's weapons) did not form a complete chain pointing exclusively to the accused, since other cartridges at the scene matched no one's rifle, suggesting another armed person was involved. The appeal was dismissed, upholding the acquittal.

Lesson Learnt

An appellate court will not overturn an acquittal merely because a different view of the evidence is possible. It must show the trial court's view was implausible or ignored crucial evidence; and in cases relying on circumstantial evidence, the prosecution must forge a complete, unbroken chain that excludes every reasonable possibility other than the accused's guilt.

Official source (sci.gov.in)View Judgment (PDF)

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