Supreme Court acquits four murder convicts, citing pitch-dark night

The core issue is whether the prosecution successfully proved the appellants' guilt through eyewitness and circumstantial evidence, given that the incident occurred on a pitch-dark night.

Who it concerns: Appellants: Kartika @ Kirtan @ Kirtan Charan Jena and three others (Upendra Sethi and Madhu Pradhan abated due to death); Respondent: The State of Odisha; Bench: Justice Prasanna B. Varale.

What the court decided

• The Court found merit in the appellants' submissions and disagreed with the High Court's view.
• The Court held that the prosecution failed to establish the appellants' authorship of the crime.
• The Court noted that the eyewitnesses were related to the deceased and their testimonies contained inconsistencies regarding presence at the scene.
• The Court cited the improbability of identifying accused persons from a distance of 60 cubits in a pitch-dark night, referencing the precedent in State of U.P. v. Ashok Kumar.

Also in the document

• The judgment is marked as 'REPORTABLE'.
• The appeals were originally filed by six convicts, but two died during the pendency of the appeal, leaving four appellants.
• The High Court had previously upheld the convictions based on circumstantial evidence after discarding eyewitness testimony, a view the Supreme Court did not concur with.