Vaibhav vs State Of Maharashtra 2025 INSC 800 - Gunshot Cases - Circumstantial Evidence - Motive

Criminal Trial - Gunshot cases -In gunshot cases wherein the nature of death – suicidal, accidental or homicidal – is not ascertainable from direct evidence, multiple factors are taken into account for arriving at a conclusion. Such factors include, but are not limited to, the point of entrance, the size of wound, direction of wound, position of wound, possible distance of gunshot, number of wounds, position of weapon, trajectory of bullet after entering into the human body, position of exit wound (if bullet has exited), direction of exit wound, direction of the bullet after exit, distance travelled by the bullet after exit, nature of final impact on surface (if any) etc. All such factors, to the extent of their applicability to the facts of the case, need to be examined by the Court before arriving at a judicial finding of fact (Para 19)- Circumstantial Evidence - In a case based on circumstantial evidence, facts indicating subsequent conduct are relevant facts under Section 8 of the Evidence Act. Equally, the inconsistencies in the version of the appellant are also relevant. However, the occasion to examine the version/defence of the appellant could have arisen only if the prosecution had succeeded in discharging its primary burden beyond reasonable doubt. (Para 21) Evidentiary burden to be discharged by the prosecution and the accused - Whereas, the former is expected to discharge its burden beyond reasonable doubt, the latter is only required to prove a defence on the anvil of preponderance of probabilities. If the accused leads defence evidence in the course of a criminal trial, the same ought to be tested as probable or improbable in the facts and circumstances of the case. (Para 22) Motive - In cases purely based on circumstantial evidence, the absence of motive could raise serious questions and might even render the chain of evidence as doubtful. It is so because the presence of motive does the job of explaining the circumstantial evidence.(Para 23-25)

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