NDLI: Sonu @ Sunil Vs. State of Madhya Pradesh

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Robbery and murder Penal Code 1860 Evidence Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Indian Evidence Act, 1872 (1 of 1872) Madhya Pradesh Dakaiti Aur Vyapharan Prabhavit Kshetra Adhiniyam, 1981 (36 of 1981) Indian Penal Code (45 of 1860)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Penal Code, 1860: ss.394, 460, 302 r/w s.34 – Robbery and murder – Five accused including appellant – Case based on circumstantial evidence – Prosecution case was that the victim- deceased resided alone in his house – On 9.9.2008, son of the deceased (PW- 9) received information that his father had not opened the door on that day – PW-9 went to his father’s residence and found him dead – Certain articles were missing from the almirah in the house of deceased – On the basis of investigation, four accused and appellant were charged with the offence of robbery and murder – Appellant was charged under s.397 and under ss.11 and 13 of Madhya Pradesh Adjiniyam also – Knife and other valuable articles were recovered from the co-accused – Appellant was arrested two months after the incident and a mobile phone was recovered from him – Courts below relied upon the evidence of PW-5 who allegedly overheard the conversation between the five accused regarding conspiracy to commit robbery in the house of deceased – Conviction of all the accused including appellant – On appeal, held: Appellant, along with the others, were charged under the offences with the aid of s.34 – The common intention must be for the very offence which the accused is charged with – The finding by trial court in this case was that there was a criminal conspiracy hatched to commit robbery – Though there was a charge of causing death by strangulation, the finding was that the death was caused as a result of the injuries inflicted with the knife – The knife was, apparently, carried and wielded by the co-accused – In fact, the recovery of the knife was also effected from co- accused – Thus, guilt of appellant was based only on the recovery of the mobile phone where the recovery itself suffered from suspicion and doubt – There was discrepancy about the number of mobile missing and mobile recovered from the appellant – PW-5 had not taken name of the appellant – Essentially, evidence of PW-5 and the recovery was relied on to hold that the chain of circumstances was complete – Appellant was not mentioned as one of the persons who used to visit the deceased’s father though three of the other accused were named – Moreover, no Test Identification Parade was conducted – Thus, appellant is entitled to benefit of doubt – Conviction of appellant set aside – Madhya Pradesh Dakaiti Avam Vyapharan Adhiniyam, 1981 – ss.11 and 13 – Evidence Act, 1872 – s.114.
Judge	Hon'ble Mr. Justice K.M. Joseph
Neutral Citation	2020 INSC 409
Petitioner	Sonu @ Sunil
Respondent	State Of Madhya Pradesh
SCR	[2020] 4 S.C.R. 269
Judgement Date	2020-05-29
Case Number	57

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