Delhi HC Acquits Two Men Of 1998 Murder, Finding Victim’s Brother-In-Law Was No Eyewitness And Recoveries Doubtful

Hari Chand was found murdered on 13 October 1998 with multiple injuries caused by a sharp weapon.

The prosecution alleged that Yashpal and Banarsi Dass, with a co-accused, had attacked him.

The Trial Court rejected the alleged eyewitness testimony of PW-8, but convicted Yashpal and Banarsi Dass under Sections 302/34 IPC, relying principally on a sword allegedly recovered at Banarsi Dass’s instance, blood-group evidence on the sword and Yashpal’s clothes, and an injury to Yashpal’s thumb.

The co-accused was acquitted. The appellants challenged their convictions and life sentences

Section 302 IPC criminalises murder, and Section 34 IPC imposes joint liability where a criminal act is done by several persons in furtherance of their common intention.

Under Sections 25 and 26 of the Evidence Act, confessions to police officers or while in police custody are generally inadmissible; Section 27 permits proof only of so much information as distinctly relates to a fact discovered in consequence of it.

As explained in *Ramanand @ Nandlal Bharti v. State of Uttar Pradesh*, the prosecution must establish the information leading to discovery and prove the discovery evidence reliably.

In a case resting on circumstantial evidence, the circumstances must form a complete chain pointing to guilt; recovery of a blood-stained weapon bearing the victim’s blood group, without more, is insufficient by itself to establish guilt, as reflected in *State of Rajasthan v. Hanuman* and *Allarakha Habib Memon v. State of Gujarat*.

The High Court agreed that PW-8 had not witnessed the murder and found his evidence concerning the disclosure and recovery unreliable: he did not state the contents of the disclosure and said he first saw the sword at the police station. The other civilian witness denied that the disclosure or recovery occurred in his presence, leaving the police witness’s evidence unsupported and insufficiently particularised.

The circumstances surrounding Yashpal’s clothes also raised doubt: they were allegedly worn for five days despite bloodstains, the stains were noticed only after the police returned to the station, and the witnesses gave inconsistent accounts of their seizure.

The matching blood group on the sword and the medical opinion that two injuries could have been caused by it did not prove that it was the weapon used; the deceased had numerous other injuries that the prosecution did not explain.

Yashpal’s thumb injury was visible independently of any disclosure, and the medical evidence did not establish its age or cause.

Although motive was alleged against Banarsi Dass, it could not fill the evidentiary gaps or complete the chain against either appellant.

It set aside the convictions and sentences and acquitted Yashpal and Banarsi Dass, allowing both appeals.

Their bail bonds were ordered to remain valid for six weeks under Section 481 of the Bharatiya Nagarik Suraksha Sanhita, 2023.