Recovery of Gun from an iron box accessible to other family members : Conviction set aside

Supreme Court Acquits Govind in Murder Case Due to Lack of Evidence Conviction under IPC Section 302 and Arms Act overturned as Supreme Court cites insufficient proof and unreliable witness testimony.

In a landmark judgment, the Supreme Court of India has acquitted Govind, who was previously convicted under Section 302 of the Indian Penal Code and Section 25 of the Arms Act, 1959, for the murder of Promila in Jhajjar, Haryana. The apex court found that the conviction was primarily based on the recovery of a pistol and cartridges, supported by a forensic science laboratory (FSL) report, which was deemed insufficient to sustain the conviction.

The case originated from an incident that occurred on June 12, 2016, in village M.P. Majra, where Promila was allegedly shot by three individuals. The FIR was initially filed against Daya Kaur, Ved Prakash, and three unidentified persons. Subsequently, Govind, along with co-accused Sanoj and Amit, was named following a supplementary statement by Pradeep, the deceased's brother.

During the trial, the prosecution's case hinged on the recovery of a pistol and cartridges from Govind's residence. However, the Supreme Court noted that this recovery was made from an iron box accessible to other family members, without any independent witnesses to corroborate the evidence. Moreover, key eyewitnesses, including Pradeep, turned hostile and did not support the prosecution's narrative.

The judgment emphasized the principles of criminal jurisprudence, particularly the requirement for proof beyond reasonable doubt. The court highlighted the absence of credible motive and failure to establish Govind's presence at the scene of the crime as critical shortcomings in the prosecution's case.

The Supreme Court's decision to overturn the conviction underscores the importance of reliable evidence and witness testimony in criminal proceedings. The court has directed the release of Govind from custody, unless he is required in connection with any other offense.

Statutory provision(s): Indian Penal Code, 1860 Section 302, Arms Act, 1959 Section 25, Evidence Act, 1872 Section 27

Govind v. State of Haryana, (SC) : Law Finder Doc Id # 2808478