NDLI: Guna Mahto Vs. State of Jharkhand

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Non-examination of the Investigation Officer ss. 302 201 IPC Murder
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
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Penal Code, 1860 : ss. 302, 201 – Murder – Prosecution case that husband murdered his wife and dumped her dead body in well to cause disappearance of evidence and later lodged missing report with the police – Conviction u/ss. 302 and 201 by the courts below – On appeal, held: Non-examination of the Investigation Officer has, in the attending circumstances rendered the prosecution case to be doubtful if not false – Offence u/s. 201 could not have been proven without his examination – Courts below presumptively, proceeded with the acquired assumption of the guilt of the accused for the reason that he was lastly seen with the deceased, and lodged a false report, forgetting that as per the version of the father of the deceased, father of the accused had himself apprised him of his missing daughter, at least two days prior to the incident – Doubt and suspicion cannot form basis of guilt of the accused – Circumstances linking the accused to the crime are not proven at all, much less beyond reasonable doubt – There is no evidence-ocular, circumstantial or otherwise, which could establish the guilt of the accused – There is no discovery of any fact linking the accused to the crime sought to be proved, much less, established by the prosecution beyond reasonable doubt – Courts below erred in passing the order of conviction based on incorrect and incomplete appreciation of evidence, causing serious prejudice to the accused, also resulting into travesty of justice, thus set aside.
Judge	Hon'ble Mr. Justice Sanjay Karol
Neutral Citation	2023 INSC 240
Petitioner	Guna Mahto
Respondent	State Of Jharkhand
SCR	[2023] 3 S.C.R. 782
Judgement Date	2023-03-16
Case Number	108

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