Chhote Lal vs Rohtash & Ors.

Criminal Appeal · 2023 INSC 1072Decided 14 Dec 2023
Criminal Appeal No. 2490 of 2014
Abhay S. Oka · Pankaj Mithal

Background

Ten people were tried for the murder of one Kishan Sarup following a long-standing family/village land-access dispute; the trial court convicted six of them, but the High Court acquitted all six. The victim's father, who was the complainant and sole alleged eyewitness, appealed to the Supreme Court against the acquittal. His account was that a car forced his and the victim's motorcycle off the road, after which the accused attacked and abducted the victim, who was later found dead and partly burnt.

Decision Breakdown

The Supreme Court found that the father, though present nearby, had not actually witnessed either the killing or the burning of the body, so he was not a true eyewitness to the fatal act itself. He also did not explain why he made no attempt to save his son or intervene, and his account of being threatened into passivity was found unconvincing. Being the victim's father and a party with long-standing enmity toward the accused's group, his testimony required cautious scrutiny, and the chain of circumstantial evidence was incomplete. The Court held the prosecution had failed to prove guilt beyond reasonable doubt and that the High Court's view acquitting the accused was the more plausible one.

Lesson Learnt

An appellate court will not overturn an acquittal merely because a conviction was also a possible view; where the sole eyewitness has personal interest and enmity with the accused, and does not actually witness the crime itself, courts are right to treat that testimony with caution and require proof beyond reasonable doubt.

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