Supreme Court: Murder Is 'Heinous Offence' under JJ Act, Not 'Serious Offence'; S 302 IPC Implies Minimum Life Sentence

i. The offence punishable Under Section 302 of the Indian Penal Code, which prescribes punishment of "death or imprisonment for life", carries life imprisonment as its minimum punishment. It would therefore be categorized as a "heinous offence".

IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 3299 of 2026 

Decided On: 21.07.2026

X Vs. State of Bihar and Ors.

Hon'ble Judges/Coram:

J.B. Pardiwala and Ujjal Bhuyan, JJ.

Author: J.B. Pardiwala, J.

Citation: 2026 INSC 728,MANU/SC/0728/2026

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When the Body Speaks Louder Than the Defence: Supreme Court on Circumstantial Evidence in Matrimonial Murder

 The Supreme Court’s decision of Chetan Dashrath Gade Vs. The State of Maharashtra delivered on 21 May 2026,2026 INSC 522, is an important reminder that a conviction for murder can rest safely on circumstantial evidence when the chain is complete, coherent, and inconsistent with innocence. The case arose out of the death of a young married woman, Rupali, inside her matrimonial home, where the defence attempted to project a theory of suicide supported by a purported suicide note, yet the medical and surrounding circumstances pointed to homicide by strangulation.

Why this judgment matters to session judges

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Supreme Court: Whether failure to prove motive in the case based on circumstantial evidence is fatal to prosecution case?

It is trite law in the cases of circumstantial evidence when the chain of circumstances have been adequately proved to link to the culpability of the Accused, motive is irrelevant this principle is further echoed in the case of Mulakh Raj and Ors. v. Satish Kumar and Ors.   MANU/SC/0219/1992 : 1992:INSC:106 : (1992) 3 SCC 43 whereas in it was held as thus:

17..... Undoubtedly in cases of circumstantial evidences motive bears important significance. Motive always locks up in the mind of the Accused and some time it is difficult to unlock. People do not act wholly without motive. The failure to discover the motive of an offence does not signify its non-existence. The failure to prove motive is not fatal as a matter of law. Proof of motive is never an indispensable for conviction. When facts are clear it is immaterial that no motive has been proved. Therefore, absence of proof of motive does not break the link in the chain of circumstances connecting the Accused with the crime, nor militates against the prosecution case. {Para 23}

IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 1063/2021

Decided On: 21.05.2026

Chetan Dashrath Gade Vs. The State of Maharashtra

Hon'ble Judges/Coram:

Pankaj Mithal and P.B. Varale, JJ.

Author: P.B. Varale, J.

Citation: MANU/SC/0507/2026,2026 INSC 522.

Read full judgment here: Click here.

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Supreme Court: What will be effect of husband failing to give reasonable explanation for death of his wife in his statement under S 313 of CRPC?

The learned Trial Court also considered the statement of the Accused Under Section 313 of Code of Criminal Procedure which needless to state provides an opportunity to the Accused to explain his stand qua the accusations made against him. In the statement Under Section 313 Code of Criminal Procedure, there is no explanation leave aside any satisfactory explanation in respect of the material evidence against the Appellant. In defence, though an attempt was made to submit that Rupali committed suicide with the help of one chit, the Trial Court on appreciation of the evidence particularly, the handwriting expert's opinion found that the so-called chit had got written by the Accused forcibly prior to the strangulation. The Trial Court also found that the material evidence brought before the Court clearly indicated that the Appellant have caused distraction of the evidence of the offence and provided a false information that Rupali committed suicide. It may not be out of place to state that Rupali after her marriage was residing at her in-laws place. Death of Rupali was in suspicious circumstances and this fact was within the special knowledge of the Appellant being her husband and the Appellant utterly failed to provide a justifiable explanation so as to discharge the burden and this was an additional factor for the Trial Court for holding the Appellant guilty and recording the order of conviction. {Para 20}

IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 1063/2021

Decided On: 21.05.2026

Chetan Dashrath Gade Vs. The State of Maharashtra

Hon'ble Judges/Coram:

Pankaj Mithal and P.B. Varale, JJ.

Author: P.B. Varale, J.

Citation: MANU/SC/0507/2026,2026 INSC 522

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What are parameters for deciding bail application U/S 302 or 307 r/w S 149 of IPC If said offence is committed by unlawful assembly?

 Bail in Unlawful Assembly Cases: When No Specific Act is Attributed to the Accused

Critical Supreme Court Principle: Mere Presence ≠ Guilt

The Supreme Court of India has recently reaffirmed a fundamental principle: mere presence at the scene of a crime or in an unlawful assembly does not automatically render a person criminally liable under Sections 302 or 307 of the IPC, even when invoking Section 149 (vicarious liability). This principle has direct and significant implications for bail considerations in unlawful assembly cases.​

The Landmark 7-Factor Test for Unlawful Assembly Membership (2025)

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Forensic Delay and the Duty of the Sessions Court: Judicial Control Over Missing Scientific Reports in Sessions Trials

Delay in receipt of a material scientific report can paralyse a sessions trial, weaken the truth-finding process, and undermine the constitutional expectation of speedy justice. Indian criminal procedure does not contemplate that the court should remain a silent spectator when a forensic report, especially one central to the prosecution case, is withheld or indefinitely delayed. The governing judicial approach is one of active case management: the court must insist on accountability, preserve trial momentum, and ensure that essential scientific evidence is brought on record within a reasonable time.

The doctrinal foundation

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Culpable Homicide and Murder under IPC: Law, Exceptions and Landmark Judgments

 Under the IPC, every murder is culpable homicide, but every culpable homicide is not murder. The easiest interview formula is: first see whether Section 299 is made out; then ask whether the case falls in any of the four clauses of Section 300, and finally check whether any of the five exceptions to Section 300 reduce it to culpable homicide not amounting to murder.

Core distinction

The Supreme Court has repeatedly said that culpable homicide is the genus and murder is its species. In simple terms, murder is the more aggravated form of culpable homicide, where the intention or knowledge is of a higher degree.

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When there is charge U/S 302 of IPC, whether accused can be convicted U/S 304B of IPC?

 Yes, in an appropriate case an accused charged under Section 302 IPC may still be convicted under Section 304B IPC, provided the facts necessary to establish dowry death were put to the accused and no prejudice or failure of justice is caused.

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What offence is made out if after killing his wife husband hangs her to show that she has committed suicide?

The post-mortem report prepared on autopsy conducted by Dr. PC Jain (PW-8) shows that there was ligature mark on the neck of the deceased which was anti-mortem. The opinion of the doctor is clear and definite that such ligature mark of 5 cm width in horizontal position cannot be caused by hanging but could have been caused by strangulation. Medical evidence, therefore, completely falsifies the case of the appellant that on his return from the field to his house he had found his wife hanging and thus she had committed suicide. The conduct of the accused is also not natural. When he found his wife hanging by neck he neither raised any hue and cry nor called any villagers living nearby. He all alone brought down the body hanging from the roof. He thereafter did not report the matter immediately. When villagers collected he took a plea that she had committed suicide. He also did not report the matter on his own but, as is deposed by Dilboodh (PW-2), Kotwar, it is on his insistence and of the Sarpanch that he reported the matter to the Police. These witnesses also stated that the wife had complained in the past to the Panchayat that the appellant was ill-treating her and was not providing her food.

5. After hearing learned counsel appearing and on going through the record we find no ground to take a different view of the evidence. The accused in his examination under Section 313 Cr.P.C. had admitted that he was in the house and on hearing a sound had rushed to find his wife hanging by neck. His defence that his wife committed suicide has been found to be false and the same is not corroborated by medical evidence. The above facts coupled with the circumstances that they were not leading a congenial marital life, the unnatural conduct of the accused subsequent to the incident; the spot map (Ex. 7) showing that the rafter of the roof to be at such height as was unapproachable for committing suicide-cumulatively lead only to one irresistible conclusion that the accused alone was the author of the crime and had taken a false defence that he had seen the deceased to have committed suicide by hanging herself.

Ratio:  The principle that a person who causes a death by an act, mistakenly believing the victim to be already dead, is still guilty of murder was definitively established in Mandhari v. State of Chattisgarh AIR (2002) SC 1961 . In that case, the Supreme Court confirmed the conviction of a husband who strangled his wife and then staged it as a suicide by hanging. The Court held that his false defence and the medical evidence proving strangulation led to the "irresistible conclusion that the accused alone was the author of the crime" .

IN THE SUPREME COURT OF INDIA

Appeal (crl.) 1291 of 1999

Decided On: 16.04.2002

Mandhari Vs. State of Chattisgarh

Hon'ble Judges/Coram:

R.P. Sethi and D.M. Dharmadhikari, JJ.

Author: D.M. Dharmadhikari, J.

Citation: AIR 2002 SC 1961,MANU / SC / 0335 / 2002,( 2002 ) 4 SCC 308

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Intent vs Knowledge: Video of The Supreme Court’s Guide to Sections 302 and 304 IPC

 This video presents an expert analysis of a recent Supreme Court judgment clarifying the distinction between murder and culpable homicide under Sections 302 and 304 IPC. Watch to understand how intent and knowledge shape criminal liability, and why the Court converted a life sentence for murder to culpable homicide—not amounting to murder. Essential insights for judges, lawyers, and legal scholars.

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Distinguishing Murder from Culpable Homicide: A Supreme Court Clarification on Intention and Knowledge

 A Supreme Court Analysis of the Critical Distinction Under Sections 302 and 304 IPC

Citation: Nandkumar @ Nandu Manilal Mudaliar v. State of Gujarat, 2025 INSC 1302 | Bench: N.V. Anjaria, J. and K. Vinod Chandran, J.

Read full judgment here: Click here.

The Opening Shot: Facts That Changed a Life Sentence

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Supreme Court: Intent Versus Knowledge: When a Knife Blow Becomes Culpable Homicide, Not Murder

 The assailant used knife and

inflicted serious injuries on the body of the deceased,

including below the belly. Looking to the act on part of

the appellant, it has to be concluded that the accused

was liable to be attributed with the knowledge that the

injuries which he was to inflict by using the weapon in

hand, would be sufficient to result into death in

ordinary course.

6.1 At the same time, the sequence of incident

highlights that there was an altercation involving the

nephew of the appellant and the deceased in the

evening time and subsequently in the night at around

10 p.m., the appellant went to the house of the accused

where he started abusing the deceased and ultimately

assaulted him to inflict the injuries with knife. There was

an element of impulse, anger and self-provocation on

part of the appellant.

6.2 Given the above aspects and in the totality

of facts and circumstances emerging in the whole

incident, it would not be correct to presume or view in

respect of the conduct on part of the appellant that the

appellant acted with premeditation to kill or that he

acted in assailing the deceased with an intention to

cause death. The degree of the offence committed

could not be said to be partaking the act of murder as

defined under Section 300, IPC, since it could be

concluded that the intention to cause death was

missing. The appellant could not have been convicted

and sentenced under Section 302, IPC.

6.3 The other attending aspects which may be

relevant in judging the nature of the offence committed

by the appellant were that the injuries did not result

into instantaneous death of the deceased. Thus, the

attack by the appellant remained with the knowledge

but without intention to cause death. Admittedly, the

death of the deceased was after 13 days. Not only that

he died while under treatment in the hospital but he

had developed septic conditions in the injuries

suffered by him. The cause of death was medically

identified as ‘Septicemia’.

7. Taking above factors cumulatively, this

Court is of the view that the conviction of the appellant

deserves to be converted from under Section 302, IPC

to under Section 304 Part I, IPC. The act on part of the

appellant has to be treated as ‘culpable homicide not

amounting to murder’ falling under Section 304 Part I,

IPC. This Court holds accordingly.

Non-Reportable

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.1266 OF 2014

NANDKUMAR @ NANDU MANILAL MUDALIAR Vs STATE OF GUJARAT 

Author: N.V. ANJARIA, J.

Dated: NOVEMBER 10, 2025.

Citation: 2025 INSC 1302

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Supreme Court: What factors the court should consider while suspending sentence and releasing convict prosecuted for offence under S 302 of IPC?

The principle is well-settled that in considering the prayer for bail in a case involving serious offence like murder, punishable under Section 302 IPC, the court should consider the relevant factors like the nature of the accusation made against the accused, the manner in which the crime is alleged to have been committed, the gravity of the offence, and the desirability of releasing the accused on bail after they have been convicted for committing the serious offence of murder. 

 IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 353 of 2002

Decided On: 05.03.2002

Vinay Kumar Vs. Narendra and Ors.

Hon'ble Judges/Coram:

D.P. Mohapatra and Brijesh Kumar, JJ.

Citation: ( 2002 ) 9 SCC 364, MANU/SC/0477/2002.

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Supreme Court: Whether filing of charge sheet, existence of lengthy witness lists, or prospect of prolonged trial can justify grant of bail in heinous offences

 Whether mere filing of charge sheet, existence of lengthy witness lists, or prospect of prolonged trial can justify grant of bail in heinous offences -- Held, mere filing of the charge sheet, existence of a long list of witnesses, or possibility of delay in trial, cannot, by themselves, constitute valid reasons to dilute the gravity of the offence or to disregard the case put forth by the prosecution -- Such factors are not standalone grounds for the grant of bail in heinous offences involving murder -- Penal Code, 1860, S.302.

IN THE SUPREME COURT OF INDIA

Criminal Appeal Nos. 3528-3534 of 2025 

Decided On: 14.08.2025

State of Karnataka Vs. Darshan and Ors.

Hon'ble Judges/Coram:

J.B. Pardiwala and R. Mahadevan, JJ.

Author: R. Mahadevan, J.

Citation: 2025 KHC 6693: 2025 INSC 979, MANU/SC/1098/2025.

Read full judgment here: Click here.

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Bail Under Section 302 IPC: The Decisive Role of Vital Part Injuries and Weapon Used

 When a court considers bail in murder cases under Section 302 of the Indian Penal Code (IPC)—especially after the chargesheet has been filed—two factors often weigh heavily in the judicial mind: whether injuries were inflicted on vital parts of the body and the nature of the weapon used. These forensic and evidentiary aspects are not just medical details—they are crucial legal indicators of intent and gravity and can make or break a bail application.

In this article, we explore what these factors mean, how courts assess them, and why they are pivotal in bail decisions.

1. Understanding “Vital Parts Involvement”

Definition

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Bombay HC; Bail in Cases Involving Young Offenders: Balancing Justice, Rehabilitation, and Education

 Before me is the case of a young offender and as held above his exclusion from the normal educational stream for a period of time brings about unpleasant consequences and harm which in any case case amongst others is the purpose of any punishment. The Applicant before me has admitted the act by himself walking to the Police Station giving information to the Police. He could have even run away had be been of a different criminal tendency. At this stage, I am not considering its evidentiary value. The confessional statement when read would show that the Petitioner is contrite. He is a young adult offender. He clearly falls in the category of a young adult who has crossed his age of juvenility but is less than 21 years of age at the time when the offence is committed. It is widely recognised that younger the age of the offender, the lesser is its culpability. Therefore having regard to the totality of the circumstances before me at this stage, on prima facie consideration I am inclined to consider the Applicant's case. {Para 23}

24. It should also be noted that in a case where an offender is undergoing studies, his exclusion from education for a period of time is an added layer of punishment over and above what a non-student accused may be subjected to. This is because a student undergoing incarceration suffers loss of precious academic time which cannot be bartered for any wealth in the world. He also constantly witnesses his peers moving ahead in life than compared to him and when the frustration becomes insurmountable such frustration can create an emotion of rebellion, which, coupled with the exposure to criminality in prison, can easily gain traction and push him to become a hardened criminal.

25. This Court can only make an attempt and should make an attempt to positively impact the life of the Applicant before it. It is on the belief that the Applicant, having once gained the confidence of Court, would make a sincere attempt to reform and rehabilitate himself due to his academic credentials achieved in SSC and HSC exams and he studying the Management Degree Course despite heavy odds stacked against him. Considering the foregoing, I am of the opinion that the Applicant should be given a chance to make an attempt to demonstrate that he has reformed his conduct and is leading a law-abiding life with prospects of making a positive impact on society.

26. In view of the above, despite vehement objection raised by Ms. Ganapathy, learned APP to consider the facts of the case, I am inclined to grant bail to the Applicant before me in order to ensure that an opportunity is given to him complete his Management Degree studies on his release from prison in the next academic year and continue his education. If Applicant is released from jail the avenue will be open for him to continue his Management studies in the forthcoming academic year 2025-2026 and become a responsible citizen.

27. Taking an overall view as to how the incident may have transpired from the available material on record, I am prima facie of the opinion that the situation leading to the ultimate assault was a result of grave provocation because of the precursor incidents with respect to victim hurling repeated barrage of abuses not only on the Applicant but also his mother, which could not be handled by the Applicant's 20 year old adolescent mind at that stage.

28. Applicant undoubtedly may have committed the direful act as pointed by Ms. Ganapathy, learned APP but one would also have to consider the facts which unfolded resulting into the incident leading to the death of the victim. Applicant is a student of Management rather was a student of Bachelor of Management studying in Second Year and every attempt should be made by the Court by ensuring that Applicant is accorded an opportunity to continue and go back to his studies. 

 IN THE HIGH COURT OF BOMBAY

Bail Application No. 544 of 2024

Decided On: 03.02.2025

Tejas Shamsunder Shinde Vs. The State of Maharashtra

Hon'ble Judges/Coram:

Milind Narendra Jadhav, J.

 Citation: 2025:BHC-AS:5112, MANU/MH/0609/2025,2025 SCC ONLINE BOM 189

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Supreme Court: The court should suspend sentence under S 302 of IPC in exceptional circumstances

In Vijay Kumar v. Narendra [Vijay Kumar v. Narendra,

(2002) 9 SCC 364] and Ramji Prasad v. Rattan Kumar Jaiswal

[Ramji Prasad v. Rattan Kumar Jaiswal, (2002) 9 SCC 366],

it was held by this Court that in cases involving

conviction under Section 302 IPC, it is only in

exceptional cases that the benefit of suspension of

sentence can be granted. In Vijay Kumar [Vijay Kumar v.

Narendra, (2002) 9 SCC 364], it was held that in

considering the prayer for bail in a case involving a

serious offence like murder punishable under Section

302IPC, the court should consider the relevant factors

like the nature of accusation made against the accused,

the manner in which the crime is alleged to have been

committed, the gravity of the offence, and the

desirability of releasing the accused on bail after they

have been convicted for committing the serious offence of

murder. {Para 31}

33. Bearing in mind the aforesaid principles of law, the

endeavour on the part of the court, therefore, should be

to see as to whether the case presented by the prosecution

and accepted by the trial court can be said to be a case

in which, ultimately the convict stands for fair chances

of acquittal. If the answer to the abovesaid question is

to be in the affirmative, as a necessary corollary, we

shall have to say that, if ultimately the convict appears

to be entitled to have an acquittal at the hands of this

Court, he should not be kept behind the bars for a pretty

long time till the conclusion of the appeal, which usually

takes very long for decision and disposal. However, while

undertaking the exercise to ascertain whether the convict

has fair chances of acquittal, what is to be looked into

is something palpable. To put it in other words, something

which is very apparent or gross on the face of the record,

on the basis of which, the court can arrive at a prima

facie satisfaction that the conviction may not be

sustainable. The appellate court should not reappreciate

the evidence at the stage of Section 389 CrPC and try to

pick up a few lacunae or loopholes here or there in the

case of the prosecution. Such would not be a correct

approach.”

Since these were cases of conviction under

Section 302 IPC, the initial presumption available to the

respondents - accused before conviction, would not be

available to them. The High Court could not have

suspended the sentence, re-appreciating the evidence at

the stage of Section 389 and trying to pick up a few

lacunae or loopholes here or there in the case of

prosecution. The reason that the Appeals were not likely

to be heard in near future also would not be a valid

ground for suspending the sentence of the respondents -

accused, who have been convicted for the serious offence

under Section 302, IPC. It is only in rare and

exceptional circumstances, the benefit of suspension of

sentence should be granted by the Appellate Court to the

accused convicted for the serious offence under section

302, IPC.

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.2000 OF 2025

BALRAM DANGI Vs VEER SINGH DANGI & ORS. 

Dated: 16TH APRIL, 2025.

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What precautions a Session judge should take while deciding bail application for an offence under S 302 of IPC after chargesheet is filed?

 Executive Summary

When deciding bail applications for offences under Section 302 of the Indian Penal Code after the filing of a chargesheet, Sessions Judges must adopt a cautious, reasoned approach that balances individual liberty with public safety. Recent jurisprudence from the Supreme Court and Bombay High Court establishes clear guidelines that demand rigorous judicial scrutiny, detailed reasoning, and careful consideration of multiple factors before granting bail in murder cases.

Fundamental Legal Framework

The Prima Facie Evidence Standard

Sessions Judges must assess whether there are reasonable grounds for believing that the accused committed the offence, but are not required to conduct a mini-trial or establish guilt beyond reasonable doubt. The court should examine whether a genuine case exists against the accused and whether the prosecution can produce prima facie evidence supporting the charges.

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When a Push Becomes Fatal: Understanding Murder vs Culpable Homicide Under Indian Law

 A legal analysis of unintended deaths resulting from physical altercations

Introduction

In everyday disputes, a simple push might seem like a minor act of aggression. However, when such an act results in death—as in cases where someone falls and hits their head on a stone—the legal consequences can be severe. The critical question that arises is: does this constitute murder or a lesser charge under Indian criminal law? This article examines the legal framework governing such scenarios and explains how courts differentiate between murder and culpable homicide.

The Legal Distinction: Murder vs Culpable Homicide

Understanding Culpable Homicide (Section 299 IPC)

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Supreme Court: How to appreciate prosecution evidence if it has failed to explain injuries sustained by accused?

 We will first consider the issue with regard to non-explanation of injuries sustained by Accused No. 11 Naresh Kumar. In the case of Lakshmi Singh and Ors. v. State of Bihar   MANU/SC/0136/1976 : (1976) 4 SCC 394, which case also arose out of a conviction Under Section 302 read with Section 149 of the Indian Penal Code, this Court had an occasion to consider the issue of non-explanation of injuries sustained by the Accused. This Court, after referring to the earlier judgments on the issue, observed thus:

12. .......It seems to us that in a murder case, the non-explanation of the injuries sustained by the Accused at about the time of the occurrence or in the course of altercation is a very important circumstance from which the court can draw the following inferences:

(1) that the prosecution has suppressed the genesis and the origin of the occurrence and has thus not presented the true version;

(2) that the witnesses who have denied the presence of the injuries on the person of the Accused are lying on a most material point and therefore their evidence is unreliable;

(3) that in case there is a defence version which explains the injuries on the person of the Accused it is rendered probable so as to throw doubt on the prosecution case.

The omission on the part of the prosecution to explain the injuries on the person of the Accused assumes much greater importance where the evidence consists of interested or inimical witnesses or where the defence gives a version which competes in probability with that of the prosecution one. We must hasten to add that as held by this Court in State of Gujarat v. Bai Fatima [  MANU/SC/0217/1975 : (1975) 2 SCC 7 : 1975 SCC (Cri.) 384] there may be cases where the non-explanation of the injuries by the prosecution may not affect the prosecution case. This principle would obviously apply to cases where the injuries sustained by the Accused are minor and superficial or where the evidence is so clear and cogent, so independent and disinterested, so probable, consistent and creditworthy, that it far outweighs the effect of the omission on the part of the prosecution to explain the injuries. The present, however, is certainly not such a case, and the High Court was, therefore, in error in brushing aside this serious infirmity in the prosecution case on unconvincing premises. {Para 26}

 IN THE SUPREME COURT OF INDIA

Criminal Appeal Nos. 1421 of 2015, 1470 of 2017, Criminal Appeal Nos. 775-776 of 2023 

Decided On: 14.03.2023

Nand Lal and Ors. Vs. The State of Chhattisgarh

Hon'ble Judges/Coram:

B.R. Gavai, Vikram Nath and Sanjay Karol, JJ.

Author: B.R. Gavai, J.

Citation: 2023 INSC 224, MANU/SC/0230/2023,2023(10 SCC) 470

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