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Jasobanta Sahu vs. State of Orissa

Not available · 2024 INSC 349Decided 30 Apr 2024
Not available
Justice B.R. Gavai · Justice Sandeep Mehta

Background

In 1988, the appellant was accused of fatally stabbing his uncle, Laxminarayan Sahu, amid a long-running family property dispute in Odisha (referred to as Orissa in the judgment's cause title). The trial court initially convicted him only of the lesser offence of culpable homicide and sentenced him to three years, but on a revision petition by the informant, the case was sent back and the trial court then convicted him of murder, sentencing him to life imprisonment: a decision the Orissa High Court upheld. The appellant challenged this before the Supreme Court, arguing that the prosecution's eyewitnesses were unreliable and his alleged confession was not genuine.

Decision Breakdown

The Supreme Court closely scrutinized the two main eyewitnesses and found serious inconsistencies and suspicious conduct: one witness's statement was recorded 4-5 days after the incident, and the other, despite being an eyewitness to a gruesome murder and having a policeman son, inexplicably left for a remote field for five days before voluntarily coming forward, all while the investigating officer never bothered to seek him out despite villagers reportedly knowing his location. The Court also found the alleged extra-judicial confession unreliable due to inconsistencies in that witness's testimony, and noted the weapon recovery was from an open, publicly accessible area, making it weak corroborating evidence on its own. Concluding that the prosecution had failed to prove its case beyond reasonable doubt, the Supreme Court quashed both the trial court's and High Court's judgments, acquitted the appellant of all charges, and ordered his immediate release.

Lesson Learnt

A criminal conviction cannot rest on eyewitness testimony riddled with unexplained delays, inconsistencies, and suspicious behaviour. Courts must be especially wary of witnesses whose presence at the crime scene or subsequent conduct raises genuine doubt, since the burden always remains on the prosecution to prove guilt beyond reasonable doubt.

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

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