SC frees six murder accused ‘with heavy heart’ as 71 of 87 witnesses turn hostile

New Delhi: The Supreme Court on Friday “with a heavy heart” acquitted six murder accused after majority witnesses, including the victim’s son, turned hostile in the case.

The “unsolved crime” saw 71 of the total 87 witnesses retracting their statements.

A bench of Justices Sudhanshu Dhulia and K Vinod Chandran set aside the Karnataka High Court’s September 27, 2023 order which rejected the trial court’s finding and convicted the six accused in the case.

“With a heavy heart for the unsolved crime, but with absolutely no misgivings on the issue of lack of evidence, against the accused arrayed, we acquit the accused, reversing the judgment of the high

court and restoring that of the trial court,” Justice Chandran said in a 49-page verdict he authored on behalf of the bench.

The bench lamented the witnesses turning hostile in court and the “overzealous” investigation which was in “total ignorance of basic tenets of criminal law” often reducing “prosecution to a mockery”.

“Witnesses mount the box to disown prior statements, deny recoveries made, feign ignorance of aggravating circumstances spoken of

during investigation and eye witnesses turn blind. Here is a classic case of 71 of the total 87 witnesses including eye witnesses, turning hostile, leaving the prosecution to stand on the testimony of the police and official witnesses,” the bench said.

The court went on, “Even a young boy, the crucial eyewitness, who saw his father being hacked to death, failed to identify the assailants.”