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Munu Sen v. The State of Chhattisgarh

Criminal Appeal · 2026 INSC 780Decided 29 Jul 2026
Crl.A. No.-001615-001615 - 2019
Justice J.B. Pardiwala · Justice K. Vinod Chandran

Background

A passerby found a dead body near a temple pond, and the post-mortem confirmed the death was homicidal, caused by multiple bleeding wounds. The appellant, son-in-law of the deceased's foster parents, was convicted by the Trial Court and the conviction was upheld by the High Court, relying solely on the "last seen together" theory as testified by four prosecution witnesses (two of whom had first been declared hostile).

Decision Breakdown

The Supreme Court found the last-seen evidence unreliable and insufficient on its own to sustain a murder conviction, noting settled law that a conviction cannot rest merely on the last-seen theory without further incriminating circumstances connecting the accused to the crime. Reviewing the judgments of the Trial Court and Appellate Court, the Bench found no reason to sustain the conviction. The Court acquitted the appellant, who had already been released on remission, and directed that any bonds executed for that release stand cancelled.

Lesson Learnt

A criminal conviction, especially for a grave offence like murder, cannot be based only on witnesses claiming the accused was "last seen" with the victim. Courts require additional, credible corroborating evidence before convicting.

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

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