Guwahati, Feb 1:The Supreme Court of India has set aside the conviction and life imprisonment awarded by the Meghalaya High Court to Bernard Lyngdoh Phawa and Boni Lyngdoh Phawa in connection with the 2006 murder of a college student in Shillong, restoring their acquittal by the Trial Court.
The case related to the death of Biplab Das, a 21-year-old undergraduate mass communication student of St. Anthony’s College.
Das went missing on February 18, 2006. His body was recovered three days later from a grave at Mawlai–Mawroh, where it had been buried and subsequently exhumed.
The prosecution had alleged that Das was kidnapped and killed for ransom by his own friends, and that one of the accused had led the police to the burial site. While the Trial Court acquitted the accused, citing a lack of evidence, the Meghalaya High Court later reversed the verdict and convicted them under provisions relating to murder and destruction of evidence.
Allowing the appeals, the Supreme Court held that the prosecution failed to establish a complete chain of circumstantial evidence.
The court pointed to serious inconsistencies in the investigation, including doubts over the “last seen together” theory, recovery of the alleged murder weapon, and the reliability of confessional statements. It also noted that the medical evidence was inconclusive.
The apex court reiterated that an acquittal strengthens the presumption of innocence and should not be overturned lightly. It ordered that the accused be released forthwith if still in custody and cancelled their bail bonds if they had already been released.
