SC acquits 3 in murder case of policeman over loan repayment

New Delhi, Sep 22 (PTI) The Supreme Court on Monday acquitted three persons in the murder case of a policeman over a loan dispute, calling the evidence "sketchy" and witnesses "totally unreliable".

A bench of Justices K V Viswanathan and K Vinod Chandran said the motive and the crime itself was not at all proved and there was no circumstance leading to the culpability of the accused.

The bench noted among the trio was the wife of another police officer and his brother and brother-in-law.

The default in repayment of a loan by the policeman was stated to have resulted in his murder.

The bench said two prosecution witnesses, who were alleged to be eye-witnesses, turned completely hostile.

"We are at a loss to understand how the high court and the trial court made an observation that though they were declared hostile, there was credible material in their evidence pointing to the culpability of the accused, which could be relied upon," it said.

The top court delivered its verdict on an appeal filed by the three accused challenging a February 2013 order of the Karnataka High Court.

The high court dismissed their appeal against a trial court order which convicted them for the offence of murder and sentenced them to life imprisonment.

The apex court noted the incident happened in March 2006 when the accused called the victim home on the pretext of repaying the loan and hacked him to death.

The police claimed one of the accused went directly to the police station and confessed to the SHO about the crime and apprised him about the presence of body in her house.

"Absence of motive is not an imperative circumstance to arrive at a conviction, in a case where there is ocular evidence. The role of motive is not very significant even when circumstances otherwise form an unbreakable chain," it said.

The bench said one of the circumstances heavily relied upon by the trial court and the high court was the alleged extra-judicial confessions made by one of the accused to various persons inside the police station.

"The extra judicial confessions and the context in which they were made, within the police station cannot at all be relied upon," it said.

Dealing with the aspect of recovery, the bench said no reliance could be placed on the recovery based on "sketchy evidence adduced".

"Now, looking at the witness who supported the prosecution case, we find them to be totally unreliable," it said.

While allowing the appeal, the bench set aside the conviction of the trio and acquitted them. PTI ABA ABA AMK AMK