AIROnline 2025 SC 704

Supreme Court Of India

(From : Chhattisgarh)*

Hon'ble Judge(s): B. R. Gavai , C.J.I. AND K. Vinod Chandran , J

Penal Code (45 of 1860) , S.302— Evidence Act (1 of 1872) , S.3— Murder - Circumstantial evidence - Allegation that accused killed her two kids by drowning in water, after fighting with her husband - Conviction was based solely on testimony of a last seen witness - Said witness claimed to have seen accused walking toward a pond with two children and later saw her alone, leading to discovery of children floating in water - Witness also testified to rescuing accused from a railway track and hearing her confess to killing her children after a fight with her husband - Cross-examination of witness showed that his testimony was complete improvement and was entirely contradictory to his previous statement given to police, which lacked crucial details - Evidence of witness was totally contradictory and therefore could not be relied upon - Prosecution failed to examine rickshaw puller who was an alleged eyewitness to events - With no other evidence to connect the accused to crime, guilt of accused was not established - Conviction based on mere conjectures and surmises, was not sustainable Cri. A. No. 713 of 2004 , D/- 08.09.2010 (Chh)-ReversedAIR 1984 SC 1622-FollowedAIR 1957 SC 614-Followed (Para 9 10 12 13 14) ....