NDLI: Chandrapal Vs. State of Chhattisgarh (earlier M.p.)

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Penal Code 1860: ss. 302 and 201/34 – Murder
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Penal Code, 1860: ss. 302 and 201/34 – Murder – Prosecution case that a girl and a boy having a love affair went missing and ten days later their dead bodies found hanging on the tree in decomposed state – Allegations of murder against the appellant accused and other co-accused – Conviction u/ss. 302/34 and 201/ 34 and sentenced accordingly – In appeal, the High Court upheld the order of conviction and sentence as regards the appellant, however, set aside the conviction of co-accused u/s. 302/34, but upheld for the offence u/s. 201/34 – On appeal, held: If the evidence of prosecution falls short of proof of homicidal death of the deceased, and if the possibility of suicidal death could not be ruled out, the appellant could not have been convicted merely on the basis of the theory of “last seen together” –Having regard to the totality of evidence on record, the High Court erred in convicting the appellant for the alleged charge u/s. 302/34, relying upon a very weak kind of evidence of extra judicial confession allegedly made by the co-accused, and relying upon the theory of “last seen together” propounded by the prosecution witness – Also, no evidence as to how and by whom the deceased girl was allegedly murdered, was produced by the prosecution – Thus, the prosecution failed to prove the charges levelled against the appellant beyond reasonable doubt – Suspicion howsoever, strong cannot take place of proof – Appellant acquitted from the charges levelled against him – Evidence –Extra judicial confession – Last seen theory. Evidence: Extra-judicial confession – Evidentiary value – Held: Extra-judicial confession is a weak kind of evidence – Unless it inspires confidence or is fully corroborated by some other evidence of clinching nature, ordinarily conviction for offence of murder should not be made only on the basis of extra-judicial confession – Extra-judicial confession made by the co-accused can be admitted in evidence only as a corroborative piece of evidence.
Judge	Hon'ble Ms. Justice Bela M. Trivedi
Neutral Citation	2022 INSC 629
Petitioner	Chandrapal
Respondent	State Of Chhattisgarh (earlier M.p.)
SCR	[2022] 3 S.C.R. 366
Judgement Date	2022-05-27
Case Number	378

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