The Supreme Court of India has upheld the judgment of the Uttarakhand High Court, dismissing an appeal filed by the Central Bureau of Investigation (CBI) against the acquittal of three policemen charged with murder. The incident dates back to June 24, 1987, when Raj Kumar Baliyan was killed in an alleged encounter.

The prosecution's case rested heavily on three eyewitness accounts, but the witnesses failed to positively identify the accused policemen as the perpetrators. Furthermore, the medical evidence indicated that the deceased died from a gunshot wound caused by a .12 bore weapon, which did not match the rifles issued to the accused officers.

The court also pointed out discrepancies in the testimony of one of the witnesses, PW-15, raising doubts about his credibility. Moreover, some empty cartridges found at the scene did not match the rifles of the accused officers, suggesting the possibility of another person with a different firearm being present.

The division bench of Justice B. V. Nagarathna and Justice Manoj Misra emphasized that the circumstances presented by the prosecution did not form a complete chain pointing solely to the accused officers as the culprits.

Considering the prolonged delay in the case, the Supreme Court deemed it inappropriate to remit the matter back to the High Court for a rewritten judgment. Consequently, the Court dismissed the CBI's appeal, upholding the acquittal of the three policemen.

This ruling highlights the importance of presenting a complete and robust chain of evidence in criminal cases, especially in cases where the accused are law enforcement officials.

Case Title: Central Bureau of Investigation v. Shyam Bihari & Ors.

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