In the present case, there was a serious enmity between the two rival groups since 1986. This was in connection with the access to the public road which was being blocked by one party. The dispute persisted and resulted in the murder of Ram Kishan. In order to seek revenge, the other group killed Kishan Sarup (victim). In relation to this, FIR was registered on 05.11.2000. The trial court had convicted 6 out of 10 accused persons. The High Court had set aside the conviction ordered by the trial Court. The appellant/complainant approached the Apex Court against the acquittal of the accused persons.

Whether the acquittal of the accused persons by the Trial Court was justified or not?

The Court observed that “However, the conviction has to be based on the evidence which proves the accused guilty beyond reasonable doubt. The prosecution in this case has failed to prove the guilt of the accused both by circumstantial evidence and by means of evidence of the eyewitness. In respect of circumstantial evidence, the chain of events is not complete whereas the presence of eyewitness is also doubtful.”

The Supreme Court held that the prosecution failed to establish the guilt of the accused either through circumstantial evidence or the eyewitness’s testimony. It upheld the High Court’s decision to give the benefit of doubt to the accused persons and dismissed the appeal.