Supreme Court set aside the conviction and life sentences of the accused-appellants, acquitting them of all charges. The Court held that the prosecution failed to establish the guilt of the accused beyond reasonable doubt, as the foundational narrative regarding the timing and manner of the occurrence was significantly undermined by “highly unusual circumstances” and serious investigative lapses, leading to the conclusion that the First Information Report (FIR) was a post-investigation document.
Background
The accused-appellants were convicted by the trial Court in 1981 for offences under the Indian Penal Code (IPC), including murder, based on the prosecution’s claim that they killed the deceased-victim, Harihar Saran, on the afternoon of 28th June, 1977. The High Court subsequently affirmed these convictions in 2011. During the pendency of the appeals before the Supreme Court, some of the original appellants passed away, leading to the abatement of their appeals.
Key Findings and Analysis
The Supreme Court identified several critical infirmities in the prosecution’s case that cast a “serious cloud of doubt” over the entire narrative:
- Unnatural Conduct and Lack of Preservation: The Court noted it was highly unnatural that the dead body was left unattended at the place of occurrence throughout the night following the incident, despite the police station being located only about 3.5 miles away. No steps were taken by the police or the victim’s family to preserve the scene or the body.
- Investigative Lapses: There was an inordinate and unexplained delay in conducting the post-mortem examination, which took place approximately 48 hours after the alleged time of the incident.
- Contradictory Records: Material inconsistencies existed regarding the individuals who accompanied the complainant to the police station to lodge the FIR. The complainant’s testimony contradicted the contemporaneous General Diary entries maintained by the police.
- Post-Investigation FIR: A crucial finding was that the FIR, although purportedly registered on 28th June, 1977, was only received in the Magistrate’s Court on 30th June, 1977. The Court concluded that, when viewed alongside other attendant circumstances, this delay, along with the other gaps in the investigation, clearly indicated that the FIR was a “post investigation document”.
- Unreliable Eyewitnesses: Due to the aforementioned discrepancies, the Court found the testimony of the alleged eye-witnesses to be unreliable, making their presence at the crime scene “highly improbable”.
Outcome
- Acquittal: The Court concluded that the prosecution failed to prove its case beyond reasonable doubt, eroding the “substratum of the prosecution case”.
- Final Order: The judgments of the trial Court and the High Court were set aside. The surviving accused-appellants (Hira Lal, Raj Bux, and Subedar) were acquitted of all charges.
Juvenility Plea: Having acquitted the accused on the merits of the case, the Court found it unnecessary to examine the plea of juvenility raised on behalf of one of the appellants.
2026 INSC 707
Deo Prasad and Anr. v. State of Uttar Pradesh (D.O.J. 15.07.2026)
