Sri Sagar Mura v. State of Assam - Evidence - Last Seen Theory
Indian Evidence Act 1872 - Section 106 -The ‘last seen’ theory can be applied only if the gap between the last sighting of the deceased and the accused together and the discovery of the deceased’s body is so proximate that it allows no possibility for the intervention and interference by a third party. The duration of the time between the two events, i.e., the victim last being seen alive with the accused and the finding of the deceased’s body, should be so small as to obviate the possibility of any other person being the author of the crime. (Para 6-8)
Case Info
Case name: Sri Sagar Mura & Anr. v. State of Assam & Anr.
Neutral citation: Not provided in the text (only described as “CRIMINAL APPEAL NOS. OF 2026 (arising out of SLP (Crl.) Nos. OF 2026) (@ Diary No. 24449/2025)”).
Coram:Hon’ble Mr. Justice Sanjay KumarHon’ble Mr. Justice K. Vinod Chandran
Judgment date: 08 May 2026 (New Delhi)
Caselaws and citations referred:
- Ajitsingh Harnamsingh Gujral v. State of Maharashtra, (2011) 14 SCC 401
- Kiriti Pal v. State of West Bengal, (2015) 11 SCC 178
Statutes / laws referred:
- Section 302 read with Section 34, Indian Penal Code, 1860
Brief summary (three sentences):The Supreme Court set aside the conviction of Sri Sagar Mura and Sri Nagar Mura for the murder of Biren Gogoi, which had been affirmed by the Gauhati High Court. It held that the prosecution’s case, resting on the ‘last seen’ theory and the evidence of PWs 4, 6 and 10, was unreliable, and that the time gap between the alleged chasing on 15.06.2013 and the discovery of the body on 16.06.2013 was too large to sustain ‘last seen’ inference. Consequently, the Court ruled that this was not a fit case for application of the ‘last seen’ theory, allowed the appeals, directed the appellants to be released forthwith (if not required in any other case), and ordered refund of any fine paid.