Murder Conviction Overturned Due to Lack of Evidence Against Accused

The case revolves around Mukesh, the appellant, who was convicted for the murder of Vesta under Section 302 read with Section 34 of the IPC. The incident took place in Madhya Pradesh, where Vesta was allegedly killed due to a land dispute. The prosecution’s case was based on the testimony of Vesta’s wife, Nanbai, who stated that Mukesh, along with his father, lured Vesta to their house on the pretext of dinner and subsequently attacked him with an axe.

Arguments of the Petitioner:

The petitioner, Mukesh, contended that he was falsely implicated due to an electoral rivalry with the local Sarpanch. He argued that no direct evidence linked him to the crime, and there were no allegations of him committing an overt act. Mukesh maintained that his mere presence at the scene did not prove his involvement in the murder.

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Arguments of the Respondent:

The State of Madhya Pradesh argued that Mukesh played an active role in the conspiracy to murder Vesta. The prosecution relied on the testimony of the eye-witness, Nanbai, to establish Mukesh’s involvement. It was alleged that Mukesh helped drag the dead body to the courtyard, proving his participation.

Observations of the Supreme Court:

The Supreme Court examined the trial court and high court’s findings. The trial court convicted Mukesh based on circumstantial evidence and sentenced him to life imprisonment. However, the Supreme Court noted that there was no direct evidence implicating Mukesh in the murder. The testimony of the eye-witness did not mention Mukesh dragging the dead body or taking part in any overt act.

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The court observed:

“Solely on the basis that appellant – accused No.2 – Mukesh accompanied accused No.1 when they went to the house of the deceased and invited him to dinner, it cannot be said that there was any criminal conspiracy hatched by all the accused.”

The Supreme Court found that the prosecution failed to prove Mukesh’s active involvement beyond a reasonable doubt. It was observed that another co-accused had already been acquitted by the High Court without an appeal from the State.

Judgment:

The Supreme Court overturned Mukesh’s conviction, stating:

“The impugned judgment and order passed by the High Court as well as that of the Trial Court convicting appellant herein – Mukesh – original accused No.2 for the offences punishable under Section 302 read with Section 34 of the IPC is hereby quashed and set aside.”

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Mukesh was ordered to be released from Central Jail, Barwani, if he was not required in any other case.

Petitioner Name: Mukesh.
Respondent Name: The State of Madhya Pradesh.
Judgment By: Justice M. R. Shah, Justice B. V. Nagarathna.
Place Of Incident: Madhya Pradesh.
Judgment Date: 18-01-2022.

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