Weak Last Seen Evidence Cannot Sustain Death Sentence

The Supreme Court allowed the appeals and set aside the conviction and death sentence imposed on the appellants by the trial court and affirmed by the High Court. The Court acquitted them of all charges, including murder, rape, and the SC/ST Act offence.

The case arose from the death of Munni Devi, whose body was found in bushes near a water channel on 29 December 2012. The prosecution relied on a chain of circumstances, including the alleged last seen theory, recovery of a torn shirt piece, disclosure statements, and alleged confessions. The trial court convicted the appellants under Sections 302 read with 34 and 376(2)(g) of the IPC and Section 3(2)(v) of the SC/ST Act, and imposed the death penalty for murder. The High Court later acquitted them only of the SC/ST Act charge, but confirmed the remaining convictions and the death sentence.

The Supreme Court found that the prosecution case suffered from serious infirmities and loopholes. It held that the crucial incriminating circumstances, particularly the alleged last seen together theory and the recoveries said to have been made at the instance of the appellants, had not been proved beyond all manner of doubt. The Court observed that both the trial court and the High Court had glossed over these patent infirmities while reaching findings of guilt.

On that basis, the Court held that it would not be safe to sustain the conviction or the sentence of death. The impugned judgments were therefore set aside in full.

The operative direction was clear: the appellants stand acquitted of all charges and are to be released from custody forthwith, if not wanted in any other case.

Practical takeaway: where the prosecution rests on circumstantial evidence, each link must be proved with certainty, especially before a death sentence can be sustained.