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Circumstantial Evidence: Chain of circumstantial evidence was fragmented, lacked conclusiveness

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Whether the circumstantial evidence on record was robust enough to sustain the appellant’s conviction for criminal conspiracy under Section 302/120B of the Indian Penal Code (IPC), following the High Court’s exclusion of key witness testimonies.

The Supreme Court allowed the appeal, setting aside the concurrent conviction orders passed by the Trial Court and the High Court of Madhya Pradesh. The Court ruled that the remaining chain of circumstantial evidence was fragmented, lacked conclusiveness, and failed to establish a prior agreement or meeting of minds, thereby granting the appellant the benefit of doubt and acquitting him of all charges.

1. Factual Background and Trial Stage

  • The Incident: On June 18, 2008, one Ashok Bakdiya was murdered. The initial First Information Report (FIR) was registered against unknown persons by the son of the deceased, with no initial suspicion cast on any specific individual.
  • The Accused: Four persons—Tarun, Mithun @ Deepak, Sandeep, and the appellant (Pulkit @ Monu)—were put on trial. The first three were charged as the primary perpetrators under Section 302/34 IPC and the Arms Act, while the appellant was tried strictly for criminal conspiracy to commit murder under Section 302/120B IPC.
  • Trial Court Conviction: The Trial Court convicted the appellant based on five primary circumstantial indicators:
    1. Testimonies of PW3 (Manish) and PW5 (Sonu), who alleged that the appellant asked them to perform a reconnaissance (recce) of the deceased’s movements three days prior to the crime.
    2. Testimony of PW9 (Yogesh), a chance witness who allegedly overheard the appellant and co-accused Tarun talking abusively about the deceased.
    3. A police disclosure statement which supposedly revealed the identities of co-accused and led to the seizure of the appellant’s mobile phone.
    4. An established motive, supported by the deceased’s wife (PW8) and an eyewitness (PW10) who saw the deceased slap the appellant six months prior, triggering a gun threat from the appellant.
    5. Call Detail Records (CDRs) showing that the appellant contacted co-accused Tarun on the day of the murder.

2. Decision of the High Court

  • On appeal, the High Court of Madhya Pradesh dismissed the appellant’s challenge, but significantly discarded the crucial testimonies of PW3 and PW5. The High Court found that these two witnesses had been illegally detained by the police for several days before their statements were officially recorded, making their accounts unreliable. However, the High Court sustained the conviction by relying on the surviving circumstantial elements.

3. Key Legal Contentions Before the Supreme Court

  • Appellant’s Arguments: The appellant’s counsel argued that since the High Court threw out the recce testimonies of PW3 and PW5, the foundational link to a criminal conspiracy collapsed. It was submitted that there was absolutely no evidence of a prior agreement or “meeting of minds” before the incident. The disclosure statement was labeled inadmissible under Section 27 of the Evidence Act because the co-accused’s identity was already known to the police prior to the arrest. Furthermore, the mobile phone was not registered in the co-accused’s name, lacked a Section 65B electronic certificate, and the remaining testimonies belonged to unreliable “chance witnesses”.
  • State’s Counter-Arguments: The State contended that the High Court erred in discarding PW3 and PW5’s testimonies, as their statements were taken just four days after the murder. The State argued that the combination of proven motive, continuous contact via mobile phone records immediately after the incident, and concurrent findings of guilt from two courts left no room for intervention.

4. Supreme Court’s Analysis and Observations

Standard of Proof for Circumstantial Evidence: The Supreme Court invoked the landmark ruling in Sharad Birdhichand Sarda v. State of Maharashtra, reiterating that when a case rests entirely on circumstantial evidence, the proved facts must be robust, conclusive, and consistent only with the hypothesis of the accused’s guilt. The chain of circumstances must be so complete that it leaves no reasonable ground consistent with the innocence of the accused.

The apex court methodically evaluated the prosecution’s remaining circumstantial pillars and found them entirely deficient:

  • Absence of Prior Agreement: To establish a charge of conspiracy under Section 120B IPC, there must be direct or circumstantial evidence of a prior agreement to commit an illegal act. In this case, there was no direct or digital evidence (such as call logs) showing that the conspirator and the perpetrators were in concert before the crime took place. There was also no financial trail or exchange of consideration.
  • Infirmity of the Chance Witness (PW9): The testimony that the appellant and co-accused were seen talking abusively about the deceased a few days before the incident was heavily diluted. The witness was a “chance witness” who merely overheard a fleeting conversation while parking his vehicle, and the investigating officer admitted that the witness did not initial disclose any “abusive words” during the early investigation.
  • Inadmissibility of the Disclosure Statement: Under Section 27 of the Indian Evidence Act, a custodial confession is only valid to the exact extent that it leads to the discovery of a new The Court noted that the identity of the co-accused (Tarun) was already known to the police through other witness statements recorded before the appellant’s arrest, meaning no new discovery occurred.
  • Vulnerability of the Call Detail Records (CDRs): The prosecution relied heavily on mobile communications made on the day of the incident. However, the Court highlighted that the mobile number contacted did not belong to the co-accused but to a third party named Kailash. There was no proof that the co-accused was in possession of that phone. Additionally, the electronic records lacked the mandatory admissibility certificate under Section 65B of the Evidence Act, and crucially, showed zero contact prior to the murder.
  • Motive Alone Cannot Ground Conviction: Regarding the physical altercation six months prior, the Court noted a distinct lack of proximity between that dispute and the date of the crime. More importantly, the Court re-emphasized that while motive is an essential link during investigations, it cannot replace actual proof of conspiracy or act as the sole basis for a criminal conviction.

5. Final Order and Conclusion

The Supreme Court concluded that the prosecution failed to establish a complete and unbroken chain of incriminating circumstances pointing undeniably toward the appellant’s guilt. Because the elements failed the threshold of being proved beyond a reasonable doubt, the appellant was entitled to the benefit of the doubt.

Accordingly, the Supreme Court allowed the appeal, set aside the conviction orders of both the Trial Court and the High Court, and acquitted Pulkit @ Monu of all charges, ordering his immediate release.

2026 INSC 543

Pulkit @ Monu V. State of Madhya Pradesh (D.O.J. 20.05.2026)

2026 INSC 543 click here to view full text of judgment

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Admissibility of Deceased Witness Testimony Against Absconding Accused

July 18, 2026 No Comments

Supreme Court allowed the appeals filed by the State of West Bengal, ruling that the deposition of a deceased witness recorded in an earlier trial is admissible in a subsequent trial against an absconding accused, provided the requirements of Section 299 of the Code of Criminal Procedure (CrPC) are met. The Court clarified that the provision serves to preserve evidence when an accused deliberately absconds, preventing them from benefiting from the unavailability of material witnesses due to the passage of time. The Court set aside the High Court’s order, which had denied the admission of the victim’s testimony, confirming that the statutory preconditions—the accused absconding and no immediate prospect of arrest—were satisfied at the time the witness deposed.

  • Background: In a 2012 gang-rape case, the respondent and another accused were absconding while three others were tried and convicted. The victim, a key witness, testified in the first trial but passed away in 2015. After the respondent was arrested in 2016, the prosecution sought to admit the victim’s earlier deposition as evidence under Section 33 of the Indian Evidence Act read with Section 299 of the CrPC.
  • High Court Order: The High Court of Calcutta had rejected the application, observing that the prosecution had a duty to obtain a specific direction from the Trial Court to record evidence against the absconder during the first trial, and thus the earlier deposition could not be used against the respondent.
  • Interpretation of Section 299 CrPC: The Supreme Court held that Section 299 CrPC acts as an exception to the general rule requiring a witness to be examined in the presence of the accused. It does not mandate a formal, prior order from a Magistrate to record that the accused is absconding; rather, what is relevant is whether the conditions—that the accused is absconding and there is no immediate prospect of arrest—were established at the time the evidence was recorded.
  • Preventing Misuse of Process: The Court reasoned that taking a restrictive view of Section 299 would jeopardize the criminal justice system by incentivizing accused persons to wilfully abscond and await the death or unavailability of material witnesses.
  • Application to Facts: The Court noted that the respondent was a declared absconder when the victim’s testimony was recorded (2013), and he remained at large until his arrest in 2016. As the two essential conditions of Section 299(1) were met, the deceased victim’s evidence is admissible in the trial against the respondent.

Legislative Continuity: The Court noted that the legislature has maintained this principle in Section 335 of the recently enacted Bharatiya Nagarik Suraksha Sanhita, 2023, reinforcing the intent to ensure evidence is preserved against those who evade trial.

2026 INSC 718

The State of West Bengal v. Kader Khan – (D.O.J. 17.07.2026)

2026 INSC 718 click here to view full text of judgment

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Insolvency and Bankruptcy: Finality of Resolution Plans and Extinguishment of Sub-judice Claims

July 18, 2026 No Comments

Supreme Court allowed the appeals filed by the Successful Resolution Applicant (Appellant-SRA), ruling that upon the approval of a Resolution Plan under the Insolvency and Bankruptcy Code, 2016 (IBC), all claims—including those pending adjudication (sub-judice)—that are not specifically provided for in the plan stand extinguished. The Court held that the “clean slate” doctrine is fundamental to the IBC, preventing unresolved or contingent claims from resurfacing and undermining the revival of the corporate debtor. Consequently, the Court set aside the High Court orders and dismissed the civil suit and arbitration proceedings initiated by operational creditors, affirming that they are bound by the terms of the approved Resolution Plan.

  • Background: The Appellant-SRA challenged Bombay High Court orders that allowed a civil recovery suit and arbitration proceedings to continue against the corporate debtor (Bhushan Steel Limited) despite the approval of its Resolution Plan. The respondents, operational creditors, sought to pursue claims that were pending at the time of the Corporate Insolvency Resolution Process (CIRP).
  • Treatment of Claims: During the CIRP, the Resolution Professional admitted the respondents’ disputed claims at a notional value of Rupee One (1) each. The approved Resolution Plan stipulated that because the liquidation value was NIL, no amounts were due to operational creditors; however, a settlement fund was provided for those with admitted claims.
  • The “Clean Slate” Doctrine: The Court emphasized that a successful resolution applicant must start on a “clean slate,” free from “hydra-headed” surprise claims. Once a Resolution Plan is approved under Section 31(1) of the IBC, it becomes binding on all stakeholders, and claims not incorporated therein are deemed extinguished, withdrawn, or abated.
  • Finality of the Plan: The Court noted that the Final List of Creditors attained finality, and the respondents could not seek to reopen or question the commercial wisdom of the Committee of Creditors after the plan’s approval. The Court found no merit in the allegations of fraud, noting that no proceedings had been initiated under Rule 11 of the NCLT Rules to challenge the plan’s integrity.
  • No Express Carve-out: Upon a harmonious reading of the Resolution Plan, the Court concluded there was no express “carve-out” protecting sub-judice claims from extinguishment. The plan explicitly mandated that all legal proceedings relating to the period prior to the effective date stand extinguished, except to the extent of the specific settlement amount provided.
  • Observation on MSMEs: In an “Afterword,” the Court observed that the current insolvency framework does not adequately account for the position of small operational creditors and MSMEs, who are often placed at the bottom of the repayment waterfall. The Court suggested that the Legislature and Law Commission examine this to ensure a more balanced repayment mechanism.
  • Outcome: The Court allowed the appeals, set aside the contrary High Court orders, and dismissed the pending civil suit and arbitration proceedings, enforcing the finality of the Resolution Plan.

2026 INSC 717

M/S Tata Steel Ltd. v. Varsha & Anr. (D.O.J. 17.07.2026)

2026 INSC 717 click here to view full text of judgment

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Excluding Nominated Members from Local Authority Elections

July 18, 2026 No Comments

The Supreme Court upheld the High Court of Karnataka’s decision to exclude nominated members of Town Panchayats from participating in Legislative Council elections for Local Authorities’ Constituencies. The Court ruled that under the constitutional framework established by the 74th Amendment (Part IX-A), nominated members, who serve only in an advisory capacity, lack the democratic mandate of elected representatives. Consequently, their inclusion in the electoral roll was declared unconstitutional, and the Court affirmed the direction to conduct a recount of votes after segregating the invalid votes cast by these nominated members.

  • Background: The election to the Karnataka Legislative Council (Chikkamagaluru Local Authorities Constituency) was challenged because 12 nominated members from four Town Panchayats were included in the electoral roll and participated in the voting. The appellant, who won by a narrow margin of 6 votes, contended that the electoral roll’s finality should be respected.
  • Constitutional Interpretation: The Court held that while Article 171(3)(a) mentions “members” of local authorities, this must be interpreted through the lens of the 74th Constitutional Amendment. Article 243-R establishes that while nominated members may be appointed for their expertise, they are expressly barred from voting in municipal meetings, underscoring their advisory rather than representative role.
  • Democratic Representation: The Supreme Court emphasized that allowing nominated members to vote in Legislative Council elections would undermine the democratic nature of the electoral process, as they are not democratically elected. The Court affirmed that “members” in the context of electoral colleges refers to democratically elected representatives.
  • Finality of Electoral Rolls: While acknowledging the principle that electoral rolls typically attain finality, the Court distinguished this case by noting that the inclusion of the nominated members was void ab initio and unconstitutional. Therefore, the finality of the roll could not be used to validate an illegality that strikes at the core of the electoral college’s composition.
  • Secrecy of the Ballot: The Court rejected the argument that segregating these votes would violate the secrecy of the ballot. It maintained that the higher constitutional goal of preserving free and fair elections and ensuring the purity of the electoral process outweighs the requirement for absolute secrecy in this specific context.
  • Outcome: The Supreme Court dismissed the appeals and affirmed the High Court’s orders. The Court directed the authorities to proceed with the consequential actions based on the recount results already obtained, ensuring that the election outcome reflects only the valid votes cast by elected representatives.

2026 INSC 716

Pranesh M.K. v. Shanthegowda & Ors. – (D.O.J. 16.07.2026)

2026 INSC 716 click here to view full text of judgment

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Railway: Establishing Liability in Untoward Railway Incidents

July 18, 2026 No Comments

The Supreme Court set aside the concurrent dismissal of a compensation claim by the Railway Claims Tribunal and the High Court of Madhya Pradesh. The Court held that when a passenger dies in an “untoward incident” (falling from a running train), the absence of a recovered ticket does not automatically negate the status of a bona fide passenger. Emphasizing the “no-fault liability” principle under Section 124A of the Railways Act, 1989, the Court ruled that once the claimant establishes the foundational facts through an affidavit, the burden shifts to the Railways. Technical lapses and the inability to recover personal belongings should not defeat the humanitarian and welfare objectives of the legislation.

  • Background: The appellant filed a claim for compensation following the death of her husband, who fell from a running train while traveling from Raipur to Ahmedabad. The Railway Claims Tribunal and the High Court previously rejected the claim, citing a lack of proof regarding the deceased being a bona fide passenger (specifically due to the missing ticket).
  • Legal Principle (No-Fault Liability): The Court reiterated that Section 124A of the 1989 Act is a beneficial, “no-fault” provision. It is designed to provide expeditious relief to victims of untoward incidents without requiring proof of negligence by the Railway Administration.
  • Burden of Proof: Relying on Union of India v. Rina Devi and Doli Rani Saha v. Union of India, the Court clarified that:
    • The mere absence of a ticket does not disprove that a person was a bona fide
    • The initial burden is on the claimant, which is sufficiently discharged by filing an affidavit stating the facts.
    • Once this is done, the burden shifts to the Railways to disprove the claim based on attending circumstances.
  • Operational Concerns: The Court highlighted the critical issue of chronic overcrowding in Indian Railways. It noted that while the Railway Manuals contain detailed safety and ticketing protocols, the execution often fails. The Court suggested that Railways should increase manpower to better manage safety and ticketing, which could simultaneously reduce such tragedies and provide employment.
  • Constitutional Perspective: The Court observed that using terms like “second class passenger” is outdated and potentially offensive to the spirit of the Constitution of India; it suggested that class designations should refer to the “coach” rather than the “passenger.”

Decision: The Supreme Court allowed the appeal and set aside the lower court judgments. It ordered the Railways to pay compensation of ₹8,00,000 to the appellant within four weeks, failing which the amount would attract interest at 8% from the date of the original claim filing.

2026 INSC 715

Lata v. Union of India & Anr. – (D.O.J. 17.07.2026)

2026 INSC 715 click here to view full text of judgment

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