Supreme Court Acquits Accused in Rajasthan Land Dispute Murder Case

The case of Arvind Kumar @ Nemichand & Ors. v. State of Rajasthan is a landmark judgment where the Supreme Court overturned the convictions of several accused in a violent land dispute that led to multiple deaths. The case highlights crucial aspects of criminal law, including the right to private defense, the importance of fair investigations, and the role of credible evidence in judicial proceedings.

The case involved a dispute over a pathway that escalated into a violent confrontation between two groups. The prosecution alleged that the accused, led by Surjaram, attacked the deceased and other victims with weapons like swords, lathis, and spears. However, the accused claimed that they acted in self-defense. The Supreme Court ultimately found that the prosecution had suppressed key facts, including injuries sustained by the accused, leading to its decision to acquit them.

Background of the Case

The conflict arose over a disputed pathway leading to the lands of the deceased. The main accused, Surjaram, had blocked the pathway, leading to tensions between the two parties. On the night of July 18, 1989, a violent altercation took place, resulting in multiple deaths and injuries.

The prosecution claimed that Surjaram and his associates attacked the victims while they were sleeping. The accused, however, maintained that they were defending themselves against an attack by the complainant party. The case went through multiple trials, with the High Court upholding some convictions while acquitting others.

Petitioner’s Arguments

The accused argued that:

They acted in self-defense as they were attacked first.
The prosecution suppressed evidence of their injuries to portray them as aggressors.
The investigation was biased and failed to consider crucial facts.
The delay in filing the FIR raised doubts about the credibility of the prosecution’s case.
The High Court’s decision to convict some while acquitting others was inconsistent.

Respondent’s Arguments

The prosecution countered that:

The accused were the aggressors and had attacked the victims unprovoked.
The injuries to the accused were either self-inflicted or minor compared to the ones sustained by the victims.
The prosecution witnesses, despite being related to the victims, provided consistent testimonies.
The delay in filing the FIR was justified given the chaotic nature of the incident.
The High Court’s decision was based on sound legal principles and did not require interference.

Supreme Court’s Judgment

After reviewing the evidence and arguments, the Supreme Court ruled in favor of the accused, stating:

“We are distressed to note that the investigation has not been conducted in a fair manner. There is an obvious and clear suppression of facts, including injuries sustained by the accused.”

The Court found multiple inconsistencies in the prosecution’s case, including:

Failure to acknowledge the injuries suffered by the accused.
Deliberate suppression of evidence related to the land dispute.
Contradictory statements from prosecution witnesses.
Unexplained delay in filing the FIR.

The Court emphasized that self-defense is a legitimate legal claim and that courts must scrutinize prosecution evidence carefully in such cases. It concluded:

“The accused are entitled to the benefit of doubt, as we also give our imprimatur to the plea of private defense as possible and plausible with due discharge of onus.”

Conclusion

The judgment sets a significant precedent in Indian criminal law by reaffirming the right to private defense and underscoring the necessity of fair investigations. It serves as a reminder that the prosecution must present a complete and unbiased account of events, ensuring justice for both the victims and the accused.

Petitioner Name: Arvind Kumar @ Nemichand & Ors..
Respondent Name: State of Rajasthan.
Judgment By: Justice Sanjay Kishan Kaul, Justice M.M. Sundresh.
Place Of Incident: Rajasthan.
Judgment Date: 22-11-2021.

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