Voice identification in darkness is insufficient to establish a complete chain of circumstantial evidence for conviction.

The appellant, a constable in the Indian Reserve Battalion, was accused of murdering his superior, S.I. Sunil Soren, on May 18, 2014, allegedly due to the denial of leave.

The prosecution’s case rested on the testimony of PW-3 (the informant), who claimed to have seen the appellant with an INSAS rifle immediately after hearing gunshots and heard a confession from him.

The Trial Court convicted the appellant under Section 302 of the IPC and Section 27 of the Arms Act, sentencing him to life imprisonment.

The High Court of Jharkhand affirmed this conviction.

The prosecution relied on circumstantial evidence, including the alleged exchange of rifles (butt no. 351) between jawans and ballistic reports linking the weapon to the crime.

The appellant challenged the conviction before the Supreme Court after serving nearly 12 years in custody.

The court primarily applied Section 302 of the Indian Penal Code (murder) and Section 27 of the Arms Act.

It relied heavily on the evidentiary standard for circumstantial evidence established in Sharad Birdhichand Sarda v. State of Maharashtra, which mandates that every link in the chain of circumstances must be conclusively established to exclude every reasonable hypothesis of innocence.

The Court found that the prosecution failed to meet the "beyond reasonable doubt" standard.

PW-3’s testimony was fundamentally weakened during cross-examination; while he initially claimed to see the appellant, he later admitted that it was dark and he only identified the appellant by voice.

The Court characterized PW-3 as, at best, a post-occurrence witness whose reliability was "materially undermined".

Regarding the physical evidence, the Court found the story of the "inadvertent exchange" of rifles ten days prior to the incident to be improbable in a disciplined force.

Crucially, the prosecution failed to produce the duty register for the actual date of the offence (May 18, 2014), leaving a vital gap in the evidence.

The Court held that the High Court erred by failing to recognize that the cross-examination had demolished the witness's chief testimony, effectively "missing the woods for the tree".

The Court held that the evidence was "wholly insufficient" to warrant conviction as it did not exclude the hypothesis of innocence.

The Court ordered the appellant’s immediate release after 12 years of custody.

The Court granted the appellant liberty to seek reinstatement into service with consequential benefits, provided he remains mentally and physically capable, or to receive adequate financial compensation if unfit.