By Our Reporter
SHILLONG, Feb 1: The Supreme Court of India has allowed the appeals filed by Bernard Lyngdoh Phawa and Boni Lyngdoh Phawa, overturning the judgment of the High Court of Meghalaya that had sentenced them to life imprisonment in a 2006 murder case.
The matter pertains to the death of Biplab Das, a 21-year-old undergraduate Mass Communication student of St. Anthony’s College. Das was reported missing on February 18, 2006. His body was recovered three days later from Mawlai–Mawroh, where it had been buried and subsequently exhumed.
According to the prosecution, Das was allegedly abducted and killed for ransom by persons known to him. It was further claimed that one of the accused had pointed out the burial site to the police.
However, the trial court acquitted the accused after holding that the evidence on record was insufficient to sustain the charges. This finding was later reversed by the High Court, which convicted them for murder and for causing disappearance of evidence. The Supreme Court found that the prosecution failed to prove the case through a complete and consistent chain of circumstantial evidence.
The apex court highlighted gaps in the investigation, including uncertainties surrounding the “last seen” evidence, doubts over the recovery of the alleged weapon, and issues relating to the evidentiary value of confessional statements. The medical evidence, the court noted, did not conclusively support the prosecution’s version.
Emphasising that an acquittal reinforces the presumption of innocence, the apex court held that such findings should not be disturbed unless compelling reasons are shown. It ordered the immediate release of the accused if they were still in custody and directed that their bail bonds stand cancelled if they had already been released.
