NDLI: Surajdeo Mahto and Anr. Vs. The State of Bihar

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Evidence: Circumstantial evidence
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Indian Penal Code (45 of 1860)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Evidence: Circumstantial evidence – Conviction on basis of – Permissibility of – On facts, prosecution case that appellant no. 1 lured the victim out of his house, remained with him all along, on the fourth day joined by appellant no. 2 thereafter, both conspired and murdered the victim – Conviction of appellant no. 1 and 2, u/s. 302 r/w 34 and 120B and sentenced accordingly – Appellant no. 1 also convicted u/s. 364 – Upheld by the High Court – On appeal, held: Upon considering the prosecution evidence in entirety, no reason to disbelieve the prosecution version of last seen theory against the accused – Medical evidence fully corroborates the prosecution story of murder of the victim having being taken place on the fourth day – Motive attributed to the appellants that they murdered the victim because he was allegedly having an illicit affair with the sister of appellant No.1, sufficiently proved by the prosecution – False information given by appellant No.1 and his post occurrence conduct of absconding and surrendering before the court only after coercive measures were taken, is relevant to prove an additional link in the chain of incriminating circumstances – As regard, appellant No.2, only substantial evidence against him is that he too was seen in the company of the victim and appellant No.1 on the fourth day – Mere suspicion cannot be accepted as impeccable evidence to prove his guilt beyond any doubt – Further, no allegation against appellant No.2 of being evasive or absconding post occurrence levelled – Thus, due to missing links in the prosecution case as regards 2nd Appellant, guilt of 2nd Appellant not proved beyond the pale of doubt – Thus, 2nd Appellant entitled to the benefit of doubt and is acquitted of the charges, while the conviction and sentence of appellant No.1 is upheld – Penal Code, 1860 – u/s. 302 r/w 34 and ss.120B and 364.Principle of ‘Last seen theory’ - Explained. Motive – Proof of – Important piece of corroborative evidence – Explained. B C Juvenile Justice (Care and Protection of Children) Act, 2000: s. 7A – Juvenility – Plea of – Held: Initial onus is on the accused to produce some cogent evidence to prima facie establish the juvenility on the date of commission of the offence – On facts, 1st Appellant raised plea of juvenility for the first time before this Court – Documents relied upon by 1st Appellant-School Leaving Certificate and Admit Card issued by the School Examination Board do not inspire any confidence and is not possible to verify the veracity of the two documents at this highly belated stage – Plea of juvenility raised by the 1st Appellant is rejected.
Judge	Hon'ble Mr. Justice Surya Kant
Neutral Citation	2021 INSC 379
Petitioner	Surajdeo Mahto And Anr.
Respondent	The State Of Bihar
SCR	[2021] 8 S.C.R. 911
Judgement Date	2021-08-04
Case Number	1677

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Surajdeo Mahto and Anr. Vs. The State of Bihar

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Surajdeo Mahto and Anr. Vs. The State of Bihar

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