SUPREME COURT OVERTURNS CONVICTION IN ABDUCTION AND MURDER CASE

by | Oct 8, 2024

Case Title Vijay Singh @ Vijay Kumar Sharma vs. The State of Bihar
Introduction This case involves the abduction and murder of Neelam, allegedly by seven individuals, with the motive of acquiring her father’s property. The case went through multiple rounds of litigation, leading to a conviction of the accused by the Patna High Court, which was later challenged in the Supreme Court.
Factual Background On 30.08.1985, Neelam was abducted from her residence and later found dead. A case was registered against seven accused, including Vijay Singh. The Trial Court convicted five of them and acquitted two. The Patna High Court reversed the acquittal of the two and upheld the conviction. The accused appealed to the Supreme Court.
Legal Issues
  1. Whether the accused were guilty of the abduction and murder of Neelam under Sections 302, 364, and 34 of IPC.
  2. Whether the High Court’s reversal of acquittal of two accused was justified.
Applicable Law Indian Penal Code, 1860:

  • Sections 302 (Murder),
  • Section 364 (Kidnapping or abduction to murder),
  • Section 34 (Acts done by several persons in furtherance of common intention).
Analysis The evidence, including eyewitness testimonies and circumstantial evidence, was found to be unreliable due to discrepancies and lack of corroboration. The Supreme Court noted the prosecution’s failure to prove the accused’s involvement in the crime.
Conclusion The Supreme Court acquitted all the accused due to a lack of concrete evidence and improper reliance on unreliable testimonies. The Court also ruled that the High Court had erred in reversing the acquittal of two accused.
Current Scenario As of September 2024, the Supreme Court has acquitted all seven accused, and the impugned judgment of the Patna High Court has been set aside.

CASE SUMMARY – The case pertains to the abduction and murder of Neelam in 1985, allegedly by seven individuals, including Vijay Singh, due to a property dispute. The Trial Court convicted five accused and acquitted two, but the Patna High Court reversed the acquittal, convicting all seven. The case was appealed to the Supreme Court, which found inconsistencies in the evidence, including unreliable eyewitness accounts and circumstantial evidence. The Supreme Court ruled that the prosecution failed to prove the charges beyond a reasonable doubt, acquitted all accused, and set aside the previous judgments.

“It is a cardinal principle of criminal jurisprudence that the prosecution must prove the case against the accused beyond reasonable doubt, and if there is any reasonable doubt, the benefit must go to the accused.”Supreme Court of India

 

SOURCE – SUPREME COURT OF INDIA

READ ALSOCHALLENGE TO BIHAR JUNIOR ENGINEER (CIVIL) RECRUITMENT: SUPREME COURT RULING ON AICTE APPROVAL AND RECRUITMENT PROCESS

 

 

 

 

Written By Nancy Sharma

I am Nancy Mahavir Sharma, a passionate legal writer and , a judicial service aspirant who is interested in legal researching and writing. I have completed Latin Legum Magister degree. I have been writing from past few years and I am excited to share my legal thoughts and opinions here. I believe that everyone has the potential to make a difference.

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