New Delhi: The Supreme Court on Wednesday acquitted a man jailed for over 12 years in a murder case in Kerala, saying his guilt was not proved beyond a reasonable doubt.
The verdict was delivered by a bench comprising justices Abhay S Oka and Ujjal Bhuyan. The bench said it found it "very difficult" to believe the testimonies of two eyewitnesses. “In this case, there are material omissions which amount to contradiction. Coupled with the material omissions, if we consider the conduct of both the witnesses, their version does not inspire confidence. Once evidence of these two witnesses is disbelieved, the only remaining evidence against the appellant is of the recovery of the knife at his instance”, said the bench.
The bench said the law relating to the evidentiary value of recovery made under Section 27 of the Indian Evidence Act, 1872 is settled by this court in the case of Manoj Kumar Soni v. State of M.P (2023).
An appeal was filed by one Vinobhai who challenged a September 2016 verdict of the Kerala High Court upholding his conviction and life sentence in the case. The apex court said the appellant has undergone incarceration for more than twelve years.
Allowing the appeal, the bench said, “the impugned judgment and final order dated 7th September 2016 passed by the High Court of Kerala at Ernakulam, and the impugned judgment dated 9th October 2012 passed by the Court of the Additional Sessions Judge, Irinjalakuda (Trial Court) are quashed and set aside and the appellant is acquitted of the offences alleged against him”.
The bench said the appellant shall be forthwith set at liberty unless he is required in connection with any other case.
According to the prosecution, the allegation against the appellant is that on 31st December 2010, at about 11:45 am, he stabbed Ramakrishnan (deceased) with a knife. Grievous injuries were caused to the deceased as a consequence of which, he died.
The prosecution alleged that a previous enmity between Vinobhai and Ramakrishnan, who was allegedly involved in the murder of the former's elder brother. One of the witnesses, said the court, said Ramakrishnan was a supporter of the Communist Party of India (Marxist) whereas Vinobhai was a BJP worker. The appellant was convicted by a trial court on murder charges and sentenced to life imprisonment.
