The Apex Court on 14.01.2019, in Ashish Jain v Makrand Singh and Ors. With State of Madhya  Pradesh v Makrand Singh and Ors.,[1] dismissed the appeals which were made against  the  High Court of  Madhya  Pradesh’s judgment wherein the accused respondents were acquitted for various offences such as  murder, common intention, robbery along with and Sections 11 read  with 13  of the Madhya Pradesh  Dakaiti and Vyapharan Prabhavit  Kshetra  Adhiniyam  while in addition one of the respondents was  also  held for committing  offences under  Section 25(1)(b)(a )  read with Section 27 of the Arms Act  and  Sections 11 and 13 of the MPDVPKA for resulting in the death of  three people followed by the commission of robbery.

FACTS: The deceased was engaged in an occupation related to lending of money, pawning gold and silver ornaments.  The   unfortunate incident had taken place when the accused persons had entered the house of the deceased under the disguise of electricians for committing robbery followed by murder and fleeing away after locking the door from outside after the commission of the heinous crime.

The appellant (complainant),being the deceased’s nephew became suspicious on finding the house being locked  from the outside especially after sheer consulting with relatives regarding the family’s whereabouts.   As a result, information was given to the police wherein the bodies of the residents of the house were discovered by the police who had sustained multiple injuries. Further, the gold, silver and cash were found missing which was later recovered from the accused people’s possession along with the weapons of the offence that had been committed.

The accused persons were held guilty by the Trial Court while giving a sentence of capital punishment. When a reference for a sentence of death as well as an appeal was filed in the High Court, the accused persons faced acquittal in connection to the aforementioned charges which were made against them. Being aggrieved an appeal was made by the Appellants in the Supreme Court of India.

DECISION HELD BY THE SUPREME COURT OF INDIA:

The Apex Court while dismissing the appeal and maintaining the judgment and order of the High Court concluded that there had been a failure from the part of the appellants in establishing that the High Court had committed an error while arriving at such conclusion while further interpreting that whenever there arises a slight /doubtful/or reasonable suspicion in the minds with regard to the guilt of the accused, the scales  pertaining to criminal justice shall tilt in favouring the acquittal of the accused.