LexRAVI versus THE STATE OF PUNJAB
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[2025] 2 S.C.R. 526 : 2025 INSC 170 Ravi v. The State of Punjab (Criminal Appeal No. 633 of 2025) 10 February 2025 [Pankaj Mithal* and Ahsanuddin Amanullah, JJ.] Issue for Consideration Issue arose as regards the correctness of the order passed by the High Court convicting the appellant-husband for the murder of his wife. Headnotes† Evidence – Circumstantial evidence – Burden of proof – Prosecution case that brother of the deceased lodged FIR that his sister was murdered by her husband-appellant in connivance with his second wife, and that his other sister- neighbour of the appellant, had seen the appellant committing the murder of the deceased by strangulating her with a rope and had threatened her not to disclose anything – Appellant also brought the dead body from his village to the native place of the brother of the deceased – Courts below convicted the appellant for murder of his first wife by strangulation – Correctness: Held: Complainant, his sister, and cousin of the deceased declared hostile witnesses and prosecution left with the formal witnesses, doctor who conducted the post mortem and Inspector who carried out the investigation – Discarding the evidence of the witnesses who turned hostile, the evidence of the doctor and the Inspector do not conclusively establish the cause of the death – Circumstances do not conclusively establish the guilt of the appellant rather gives sufficient room to form a different opinion – On the basis of the circumstantial evidence, the innocence of the appellant cannot be completely ruled out – Courts below completely lost sight of the statement of the appellant recorded u/s.313 CrPC – Appellant in his statement categorically stated that the deceased had died a * Author [2025] 2 S.C.R. 527 Ravi v. The State of Punjab natural death as she was suffering from chronic tuberculosis – It was for the prosecution to have sought re-examination of the doctor conducting the post-mortem, however the prosecution completely failed to produce evidence to prove his guilt of the appellant beyond the shadow of doubt on the basis of the circumstantial evidence – Evidence on record gives ample leverage for two conflicting opinions, and in such circumstances, the benefit of doubt to be given in favour of the appellant – Impugned judgment set aside – Appellant in jail for over ten years, as such directed to be released – Penal Code, 1860 – Evidence Act, 1872 – s.106 – Code of Criminal Procedure, 1973 – s.313. [Paras 17, 19, 24-27] Case Law Cited Sharad Birdhichand Sarda v. State of Maharashtra (1984) 4 SCC 116; Trimukh Maroti Kirkan v. State of Maharashtra (2006) 10 SCC 681; Anees v. The State Govt. of NCT (2024) SCC OnLine SC 757 – referred to. List of Acts Evidence Act, 1872; Code of Criminal Procedure, 1973; Penal Code, 1860. List of Keywords Murder; Circumstantial evidence; Burden of proof; Strangulation; Hostile witness; Formal witnesses. Case Arising From CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 633 of 2025 From the Judgment and Order dated 23.01.2019 of the High Court of Punjab & Haryana at Chandigarh in CRAD No. 1650 of 2015 Appearances for Parties Ms. Sonia Mathur, Sr. Adv., Ms. Surbhi Bhardwaj, Ms. Madhumitha Kesavan, Ms. Ronika Tater, T. Mahipal, Surya Kamal Mishra, Rishabh Thakur, Aditya Kaul, Advs. for the Appellant. Ms. Bhakti Pasrija, D.A.G., Karan Sharma, Advs. for the Respondent. 528 [2025] 2 S.C.R. Digital Supreme Court Reports Judgment / Order of the Supreme Court Judgment Pankaj Mithal, J. 1. Leave granted. 2. The appellant-accused Ravi has been convicted by both the courts below for the murder of his first wife Jamni by strangulation. Therefore, the present appeal. 3. The appellant was living in the village Madh, Amritsar by constructing a jhuggi in an open space, where he was working as a labourer. He used to live with his deceased wife Jamni, his second wife Soma and his two sons born from the first wedlock. They all had been living together as such for over 10-12 years. 4. The incident is of 22.08.2014. According to the case of the prosecution, Chaina Ram (PW-1), the brother of the deceased lodged a Zero FIR at Police Station Rajgarh, District Churu, Rajasthan on 22.08.2014 stating that his sister Jamni with her husband i.e., appellant, was living at Rayya Mandi, Tehsil Baba Bakala, District Amritsar, Punjab. On the night of 22.08.2014 at about 11:00 pm, she was murdered by her husband in connivance
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