Can a conviction under Section 302 IPC and Section 25 Arms Act rest solely on weapon recovery and an FSL report when eyewitnesses turn hostile and the alleged recovery is from a place accessible to others?

 

Summary

Category Data
Court Supreme Court of India
Case Number Crl.A. No.-005641-005641 – 2024
Diary Number 14385/2024
Judge Name HON’BLE MR. JUSTICE J.K. MAHESHWARI
Bench HON’BLE MR. JUSTICE J.K. MAHESHWARI; HON’BLE MR. JUSTICE K. VINOD CHANDRAN
Precedent Value Affirms existing Supreme Court precedents on recovery and Section 27 Evidence Act
Overrules / Affirms Affirms
Type of Law Criminal law; criminal procedure; interpretation of Evidence Act
Questions of Law Whether conviction can be based solely on a weapon recovery and FSL report when (a) eyewitnesses turn hostile, (b) no test-identification parade, and (c) recovery is from an unlocked box in a house accessible to others.
Ratio Decidendi
  • Hostile testimony of the only eyewitnesses (PW-1, PW-5) and absence of ‘last seen’ evidence defeat proof of presence or complicity.
  • Section 27 Evidence Act permits only that information “distinctly” related to the fact discovered.
  • Recovery from an unlocked iron box in a dwelling accessible to family and neighbours, without independent witnesses, breaks the chain of custody.
  • FSL correlation of the recovered pistol and cartridges with bullets found in the victim’s body, without proof that this was the weapon used, is insufficient for conviction.
  • Alleged motive tied to acquitted co-accused and in-laws lacked credible evidence.
Judgments Relied Upon
  • Jaikam Khan v. State of U.P. (2021) 13 SCC 716
  • Manjunath & Ors. v. State of Karnataka (2023) SCC OnLine SC 1421
  • Nikhil Chandra Mondal v. State of West Bengal (2023) 6 SCC 605
  • State of Himachal Pradesh v. Jeet Singh (1999) 4 SCC 370
  • State of Maharashtra v. Bharat Fakira Dhiwar (2002) 1 SCC 622
  • Lochan Srivas v. State of Chhattisgarh (2022) 15 SCC 401
Logic / Jurisprudence / Authorities Relied Upon by the Court
  • Strict interpretation of Section 27 Evidence Act; “distinctly” limits admissible information from custodial disclosures
  • Requirement of independent witnesses and unbroken chain of custody for recoveries
  • Distinction between recoveries from private, locked locations versus public or family-accessible places
  • Precedents disallowing convictions based solely on weapons found in open or shared areas
Facts as Summarised by the Court The deceased was shot on 12 June 2016; FIR based on a telephonic tip, later supplemented naming three accused. The appellant was arrested on 18 June 2016 and a pistol with cartridges was recovered from an unlocked iron box in his house. Two key witnesses turned hostile, co-accused were acquitted, yet the appellant alone was convicted on the basis of the suspected weapon recovery and FSL report.

Practical Impact

Category Impact
Binding On All subordinate courts in criminal cases
Distinguishes
  • State of Himachal Pradesh v. Jeet Singh (1999) 4 SCC 370
  • State of Maharashtra v. Bharat Fakira Dhiwar (2002) 1 SCC 622
  • Lochan Srivas v. State of Chhattisgarh (2022) 15 SCC 401
Follows
  • Jaikam Khan v. State of U.P. (2021) 13 SCC 716
  • Manjunath & Ors. v. State of Karnataka (2023) SCC OnLine SC 1421
  • Nikhil Chandra Mondal v. State of West Bengal (2023) 6 SCC 605

What’s New / What Lawyers Should Note

  • Section 27 Evidence Act requires that custodial disclosures “relate distinctly” to the fact discovered; general motives or confessions are inadmissible.
  • Recovery from an unlocked box in a dwelling accessible to family members, without independent witnesses, undermines chain of custody and reliability.
  • FSL correlation between recovered weapon/cartridges and bullets in the victim is insufficient alone to prove use in the offence.
  • Hostile testimony of eyewitnesses negates the foundation for circumstantial evidence when “last seen” or other ocular proof is absent.
  • Alleged motive based on acquitted co-accused or in-laws must be supported by direct evidence, not mere speculation.

Summary of Legal Reasoning

  1. Hostile Witnesses

    • Both PW-1 (informant-eyewitness) and PW-5 turned hostile; no identification of accused at the scene.
  2. Section 27 Analysis

    • Information from custodial disclosures admissible only if it “distinctly” leads to discovery of the fact; “distinctly” means precise, unmistakable link.
  3. Recovery Scrutiny

    • Pistol and cartridges seized from an unlocked iron box in the accused’s home, accessible to others, without independent witnesses; incomplete chain of custody to FSL deposit.
  4. FSL Correlation Alone Insufficient

    • Even if the FSL report matches the cartridges/bullets, there is no proof that the recovered weapon was used in the murder.
  5. Motive and Circumstance

    • Alleged property-dispute motive centered on acquitted co-accused; appellant’s connection was speculative and unsupported.
  6. Precedent Alignment

    • Followed Jaikam Khan, Manjunath and Nikhil Mondal on limiting recoveries from public or shared spaces; distinguished Jeet Singh, Bharat Fakira Dhiwar, Lochan Srivas on their differing facts.

Arguments by the Parties

Petitioner (Appellant)

  • Hostile eyewitnesses cannot support presence or identification.
  • Recovery alone, from a family-accessible unlocked box without witnesses, lacks probative value.
  • Section 27 confines admissible custodial information to that “distinctly” related to discovery.
  • No proof the weapon recovered was the one used in the offence.

Respondent (State)

  • Disclosure led to pistol and cartridges in accused’s house; weapon deposit and FSL report prove guilt.
  • Pistol seized from appellant’s dwelling, not public place; chain of custody maintained.
  • Eyewitness non-support is outweighed by physical and forensic evidence.

Factual Background

On 12 June 2016 at 6 AM in M.P. Majra (Haryana), the deceased was shot dead. An FIR was registered by her brother based on a telephonic tip of three assailants arriving in a car. Five days later the informant named Sanoj @ Sonu, Amit and Govind (appellant). On 18 June 2016 police arrested the appellant and recovered a country-made pistol and two cartridges from an unlocked iron box in his home. The Trial Court acquitted co-accused but convicted the appellant on the basis of weapon recovery and an FSL report; the High Court affirmed.

Statutory Analysis

  • Section 302 IPC: Charge of murder.
  • Section 25 Arms Act: Unlawful possession of firearm.
  • Evidence Act, Section 25–26: Confessions in police custody inadmissible except before a Magistrate.
  • Evidence Act, Section 27: Admissibility of custodial information “distinctly” leading to discovery of a fact; interpreted strictly to limit scope of such evidence.

Alert Indicators

  • ✔ Precedent Followed – Existing law on recovery and Section 27 Evidence Act affirmed.

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