Supreme Court upholds murder conviction, stating non-recovery of weapons not fatal when direct evidence is corroborated by medical proof.
Case in NewsThe Supreme Court in non recovery of weapons not fatal to prosecution upheld a double murder conviction, holding that direct eyewitness evidence can outweigh the non-recovery of weapons . |
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Case Overview
Case Name: Om Pal & Ors vs. State Of U.P (Now State Of Uttarakhand) | Criminal Appeal No. 1624 of 2011
A Bench of Justice Sanjay Karol and Justice Prashant Kumar Mishra of the Supreme Court of India on October 28, 2025, upheld the conviction of four accused in a double murder case pending since 2011 . The appeal arose from a 1988 land dispute where two persons were killed and another injured . Despite arguments about delay in filing the FIR and non-recovery of weapons, the Court ruled that the prosecution’s direct evidence and medical corroboration were sufficient to sustain the conviction .
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Key Aspects
Before analyzing the evidence, the Court assessed the entire factual chain surrounding the violent incident and the investigation lapses claimed by the accused .
- The case stemmed from a boundary dispute between two families leading to a fatal fight .
- The Appellants were convicted under Sections 302/149 and 307/149 IPC for murder and attempt to murder .
- They contended that the FIR delay and non-recovery of weapons weakened the prosecution .
- The Trial Court and High Court found the injuries intentional and consistent with eyewitness testimony .
- The Supreme Court upheld their conviction, holding that delay and non-recovery were not fatal .
Legal Insights
The Bench clarified the legal principles governing evidence and intention in homicide cases .
- Section 302 read with 149 IPC : establishes collective liability for murder by unlawful assembly .
- Section 307 read with 149 IPC : covers attempt to murder committed with common intention .
- State of H.P. vs. Gian Chand (2001) : delay in FIR is not fatal if satisfactorily explained .
- Nankaunoo vs. State of U.P. (2016) : non-recovery of weapons doesn’t affect conviction if direct and medical evidence align .
- Section 300 IPC (Exception 4): Court rejected “sudden fight” defense, noting deliberate use of sharp weapons .
- Jarnail Singh vs. State of Punjab (2009): testimony of injured eyewitness holds presumption of truth .
Court’s Verdict
The Supreme Court held that the non-recovery of weapons and FIR delay did not undermine credible eyewitness and medical evidence . The appellants’ acts showed clear intent to kill, supported by weapon type and injury nature . The Court upheld their life imprisonment, cancelled bail and directed them to surrender, while allowing remission only as per State policy .
Source-Supreme Court of India
Read also – Indian Penal Code
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