Ghanshyam Mandal v. State of Bihar (now Jharkhand) 2026 INSC 194 - Murder - Non Recovery Of Weapons Of Assault - S.313 CrPC
Recovery of the weapons of assault is not the sine qua non for murder conviction.
Indian Penal Code 1860 - Section 302 - While upholding murder conviction, SC observed: Recovery of the weapons of assault is not the sine qua non for convicting an accused as the entire evidence on record is required to be taken into consideration -The absence of recovery of the weapons of assault would not weaken the case of the prosecution in the presence of other evidence on record that is found reliable. (Para 7)
Code of Criminal Procedure 1973 - Section 313 -The incriminating circumstances appearing against the accused were put to them, though in general terms. There is some similarity in the questions put to the accused- Such examination by itself cannot be the basis for upholding the contention of the accused in that regard unless it is shown that prejudice was caused to them on account of such examination. (Para 9)
Case Info
Case Information
Case name and neutral citation:Ghanshyam Mandal and Ors. v. The State of Bihar (now Jharkhand), 2026 INSC 194
Coram:Justice J.K. Maheshwari and Justice Atul S. Chandurkar (author of the judgment)
Judgment date:25 February 2026 (New Delhi)
Statutes / laws referred
Indian Penal Code, 1860:
- Section 302 read with Section 34 (murder with common intention)
Code of Criminal Procedure, 1973:
- Section 313 (power to examine the accused)
Case laws and citations referred
- Raj Kumar @ Suman v. State (NCT of Delhi), 2023 INSC 520
- Shambhu Choudhary v. State of Bihar, SLP (Crl) No. 8688/2023, Order dated 23.04.2025
- Asraf Ali v. State of Assam, 2008 INSC 840
- Raj Kumar Singh v. State of Rajasthan, 2013 INSC 313
- Rakesh and Anr. v. State of U.P. and Anr., 2021 INSC 321
- Om Pal and Ors. v. State of U.P. (now State of Uttarakhand), 2025 INSC 1262
- Suresh Sahu and Anr. v. State of Bihar (now Jharkhand), 2025 INSC 1382
- Fainul Khan v. State of Jharkhand and Anr., 2019 INSC 1127
- State of Rajasthan v. Arjun Singh & Ors., cited as “Arjun Singh” (exact INSC ref not given in text; quoted)
- Nankaunoo v. State of Uttar Pradesh, cited (exact INSC ref not given in text; quoted)
- Bejoy Chand Patra v. State of W.B., AIR 1952 SC 105
- Rama Shankar Singh v. State of W.B., 1962 Suppl (1) SCR 49
- Suresh Chandra Bahri v. State of Bihar, 1995 Supp (1) SCC 80
- Shobhit Chamar (case cited; full citation not specified in text)
Three‑sentence brief summary
The Supreme Court upheld the conviction and life sentence of the appellants for the double murder of Bulaki Mandal and Hriday Mandal, committed with deadly weapons following a prior quarrel over grazing of goats. The Court found the consistent, natural, and corroborated testimony of four related eye‑witnesses reliable, and held that non‑recovery of weapons and a generally worded Section 313 CrPC examination did not cause any prejudice sufficient to vitiate the trial. Relying on prior precedents on non‑recovery of weapons and the scope of Section 313, it concluded that the prosecution had proved the appellants’ guilt beyond reasonable doubt and dismissed the criminal appeal.
