State of Punjab v. Bittu & Anr. Etc. Etc.

Criminal Appeal · Neutral citation not assigned (Criminal Appeal Nos. 548-551 of 2013)Decided 16 Dec 2015
Criminal Appeal Nos. 548-551 of 2013
Justice Pinaki Chandra Ghose · Justice R.K. Agrawal

Background

Ashok Kumar was allegedly killed in October 2002 near Bhawanigarh, Punjab. The prosecution said the accused pinned him down, placed a heavy stone on his chest, and later dumped his body on a road. The trial court convicted several accused of murder and related offences in 2004, but the High Court acquitted all of them in 2011, and the State appealed.

Decision Breakdown

The Supreme Court dismissed the State's appeals and upheld the acquittals. Two key eyewitnesses turned hostile at trial, and the other two witnesses' accounts were held doubtful because of unnatural conduct and inconsistencies. The medical evidence did not support the prosecution's version, since the doctor found no soil in the victim's mouth and could only say the injuries were possibly caused by a stone. The Court also held that motive, though proved, is only corroborative and cannot by itself justify a conviction.

Lesson Learnt

A conviction must rest on reliable evidence that holds up under close scrutiny. If key witnesses change their account and the medical evidence does not match the story, the courts will not convict, and a motive alone is not enough.

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