The State of Madhya Pradesh v. Nande @ Nandkishore Singh

Criminal Appeal · 2018 INSC 47Decided 23 Jan 2018
Criminal Appeal No. 624 of 2016
Justice N.V. Ramana · Justice S. Abdul Nazeer

Background

The respondent was accused of hurling a burning cow dung cake at a group of women attending a village wedding in Madhya Pradesh in 1994, causing severe burns; two of the injured women later died. The trial court convicted him under Section 304 Part I (culpable homicide not amounting to murder) and Section 307 (attempt to murder) of the IPC, sentencing him to rigorous imprisonment. The High Court of Madhya Pradesh reversed the conviction and acquitted him, holding that the prosecution had failed to prove the case beyond reasonable doubt, and the State of Madhya Pradesh appealed to the Supreme Court against that acquittal.

Decision Breakdown

The Supreme Court examined the evidentiary record and found several serious infirmities in the prosecution's case: five of twelve prosecution witnesses had turned hostile, the two remaining alleged eyewitnesses gave materially contradictory accounts (one said the scene was in complete darkness, the other said everyone was visible by gaslight), and there was an unexplained 13-day delay in lodging the FIR and a further delay in recording witness statements. Applying the settled principle that the Supreme Court does not ordinarily interfere with an acquittal unless there is a glaring error or omission to consider vital evidence, the Court found that the High Court had thoroughly and correctly analysed the evidence. It held there was no cogent reason to disturb the acquittal and dismissed the State's appeal.

Lesson Learnt

An acquittal by a High Court is given significant weight by the Supreme Court, which will not reverse it merely because a different view of the evidence is possible: unexplained delay in filing an FIR, witnesses turning hostile, and contradictions between surviving eyewitnesses can each be enough to sustain a reasonable-doubt acquittal even in a case involving serious injury and death.

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