Claim That Body Remained At Spot For Two Days Due To Religious Practice Doesn't Explain Police Inaction: Meghalaya HC Acquits 3 In Murder Case

The High Court of Meghalaya recently acquitted three persons convicted in a 1991 murder case, observing that the prosecution's explanation that the deceased's body remained at the place of occurrence for two days due to religious customs could not justify the delayed arrival of police authorities or the absence of immediate medical assistance. A Division Bench of Justice W.Diendogh and Justice B.Bhattacharjee remarked that: “The prosecution evidence that the dead body was lying in the place of occurrence for two days because of the religious practice of the victim's family does not stand to reason non-arrival of the investigating authorities to the crime scene immediately after the incident and non-providing of instant medical attention to the victim.”Background:The case originated from an FIR lodged on 16 November 1991 alleging that five persons from Lumkhudung village murdered one Sada Muruh at around 4 PM. It was further alleged that two persons who witnessed the assault were also attacked by the accused. The FIR ultimately led to registration of a case under Sections 302/34 IPC at Jowai Police Station. After investigation, a charge-sheet was filed in 1994 against all five accused persons. However, the trial witnessed extraordinary delays. The High Court noted that although charges were framed in 1995, the first prosecution witness was examined only in 2001, while the second witness was examined more than twenty years later in 2022. The delay was attributed to repeated non-appearance of the accused and transfer of the case between different courts. During the pendency of trial, two of the accused died, leaving the present three appellants to face trial. In August 2023, the Sessions Court convicted them for murder and sentenced them to life imprisonment.The High Court of Meghalaya found that the prosecution case suffered from serious inconsistencies, particularly between the eyewitness account and the medical evidence on record. The Court observed that although the prosecution witnesses claimed that the deceased was assaulted by the accused persons with bare hands, the post-mortem report disclosed grave injuries which could not ordinarily have been caused without use of a weapon. The Bench noted that neither of the alleged eyewitnesses stated that any weapon or sharp object was used during the assault. However, the doctor conducting the post-mortem found multiple severe injuries, including a broken skull, ruptured membrane, broken jaw and an incised wound on the head. The Court held that such injuries fundamentally contradicted the ocular version presented by the prosecution.The Bench additionally noted that if the accused had attempted to inflict such severe injuries using bare hands, corresponding injuries would ordinarily have appeared on their own hands or fists. However, no such evidence was brought on record by the prosecution. The Court also found significant uncertainty regarding the actual time of death of the deceased. Although the prosecution witnesses claimed that the victim died on the spot on 16 November 1991, the post-mortem report did not specify the approximate time of death. This omission, according to the Court, created a serious gap in the prosecution story. Consequently, the Court set aside the conviction and sentence imposed upon the appellants and directed their release forthwith if not required in any other case.Case name: Shri.Tngen Muruh v. The State of MeghalayaCase No.: Crl. A. No.33 of 2023Date of decision: 29.04.2026Click Here To Read/Download Order

Claim That Body Remained At Spot For Two Days Due To Religious Practice Doesn't Explain Police Inaction: Meghalaya HC Acquits 3 In Murder Case

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Claim That Body Remained At Spot For Two Days Due To Religious Practice Doesn't Explain Police Inaction: Meghalaya HC Acquits 3 In Murder Case

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