Criminal Lawyer: Murder accused who had not preferred the appeals to SC are directed to be released, due to acquittal of remaining accused by the SC.

Supreme Court of India

Justice Mohan M. Shantanagoudar, Justice N V Ramana and Justice Ajay Rastogi

The SC {Balwan Singh versus State of Chhattisgarh and Others) sets aside the conviction of the appellants, inter-alia, under Section 302 IPC. It was held by the SC that the whole story of the prosecution about the presence of soul witnesses in the case, that is, PW 9 and PW 16 on the spot, at the time of incident appears to be artificial and concocted.

The recovery of blood stained sticks and tabbal from the appellants were held to be inconsequential as the prosecution had failed to prove that these articles were stained with human blood, and more particularly with blood of the same blood group as that of the deceased. It was held that the Court would deny the benefit to the accused from non-detection of origin of the blood only, if other evidence of the prosecution is credible, and if reasonable doubt does not arise in the mind of the Court. It was also held that non-confirmation of blood group or origin of the blood may assume importance in case, when the accused pleads a defence of false implication and of fabrication of evidence.

It was further held as all accused were acquitted for the offence of conspiracy; and the prosecution has failed to prove the aspect of conspiracy of the accused to commit the murder of the deceased - which is very basis of the case of the prosecution - the entire case becomes doubtful. It was held that one's the conspiracy to commit the murder of the deceased is absent, there is no material on record to show as to why the accused have gathered in the house of Balwan Singh and the entire case of the prosecution falls apart. The Supreme Court, in addition to  setting aside the conviction of the appellants before it, has also set aside the conviction of other accused in the case who had not preferred the appeals before the SC, and directed them also to be released, if not required in any other case.