NDLI: Sunita Vs. State of Haryana

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	absence of corroboration IPC Murder s.302 s. 106 of the Evidence Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Indian Penal Code (45 of 1860)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Penal Code, 1860 – s.302 – Murder – Prosecution case was that one dead body was found burning on ‘Bitora’ (conical storage of cow dung cakes) – Post-mortem of the remains of body was conducted – It was found to be a dead body of a female – DNA test was conducted – The bones and tissues of the dead body matched with DNA profile of PW-3 and his wife – It was body of ‘S’, daughter of PW-3 – FIR was lodged – As per prosecution, deceased and the appellant were familiar with each other and both had gone to a village together – Further, PW-4 had seen appellant with the deceased and her two children on 03.01.2004 going towards a village and when he was returning back he saw appellant on a Scooty with a gunny bag on it footrest – PW-5 also deposed that he saw the deceased along with her two minor children in the house of the appellant at about 5 pm on 03.01.2004 – Appellant was convicted for murder – The appeal against the said judgment was dismissed by the High Court – On appeal, held: High Court required appellant u/s. 106 of the Evidence Act to explain the circumstances under which the body parts of the deceased came to be recovered from the burning ‘Bitora’ – The finding of the High Court was erroneous inasmuch as ‘Bitora’ was not in possession of the appellant much less exclusive and it was located in an open field of another person – Further, such explanation would be necessary, if the prosecution had discharged the initial onus on it – Therefore, the appellant was not required to explain the circumstances of body parts being found in ‘Bitora’ – Further, PW-4, 5 were inimical towards the appellant inasmuch as she had filed a suit for claiming a estate, a right which was denied by the said witnesses – Thus, their statements cannot be relied upon readily in absence of corroboration – The other evidence of the prosecution was of extra-judicial confession made to PW-12, which is again untenable – There was no blood mark on the Scooty recovered – Therefore, the only evidence against appellant was of last seen by PW-4 and 5 and such evidence does not complete the chain of circumstances so as to maintain conviction of the appellant for an offence u/s. 302 IPC – Thus, the appellant acquitted of the charges levelled against her – Evidence Act, 1872 – s.106.
Judge	Hon'ble Mr. Justice Hemant Gupta
Neutral Citation	2019 INSC 828
Petitioner	Sunita
Respondent	State Of Haryana
SCR	[2019] 10 S.C.R. 779
Judgement Date	2019-07-30
Case Number	546

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