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Criminal Law

A Body Left Overnight, an FIR That Arrived Late: Supreme Court Acquits Murder Accused After Nearly 50 Years, Finding the Prosecution's Timeline Doesn't Add Up

Supreme Court of India15 Jul 2026Criminal Appeal No(s). 239 of 2013 and connected matters (Criminal Appeal Nos. 236, 237, 238 of 2013)

Deo Prasad and Anr. vs State of Uttar Pradesh (connected with Raj Kishore, Hira Lal, Raj Bux โ€” Criminal Appeal Nos. 237, 238, 236 of 2013)

Convicted nearly half a century ago for a fatal ambush attack, the accused challenged the prosecution's timeline โ€” pointing to a dead body left unattended overnight and an FIR that mysteriously reached the Magistrate two days after it was supposedly filed. The Supreme Court agrees the story doesn't hold together and acquits the surviving accused.

"For nearly fifty years, I have carried the weight of a murder conviction for a crime I say happened nothing like the police claimed. They say I ambushed a man in broad daylight with witnesses all around, yet his body was left lying on that roadside all through the night โ€” no family member, no villager, no policeman thought to move it, guard it, or even check on it, even though the police station was barely three miles away. If everything happened the way they say, why did nobody act like it? Why did the post-mortem wait two more days? And why did the very report they claim to have filed that same evening not reach the magistrate until two days later? I have watched my co-accused die waiting for justice, and I have spent my own years fighting a story that never made sense from the start."

Moral Universe

The narrative frames the case as one where the ordinary rhythms of human behavior โ€” how grieving families and diligent police actually act โ€” expose an official story that was pieced together after the fact rather than truthfully recorded as events unfolded.

Emotional Driver

A profound sense of decades-long injustice and vindication, compounded by grief at co-accused having died in custody or during the pendency of appeals before the truth could be established.

Objective

Full acquittal and public recognition that the prosecution's account of the time, manner, and witnesses to the killing was fabricated after the fact rather than truthfully recorded.

Blind Spots

The narrative centers entirely on procedural and timeline inconsistencies and does not directly engage with the undisputed fact of the deceased's violent death or the extensive medical evidence of a brutal, multi-weapon assault, which remains unexplained by any alternative account from the defence.

Inherent Tensions

  • โ€”The defence's reliance on the family's and police's failure to secure the body as proof the story is false sits against the alternative, more mundane possibility of shock, poor rural policing practices, or simple negligence rather than deliberate fabrication.
  • โ€”The claim of a wholly ante-timed FIR competes with the eyewitnesses' consistent, cross-examined testimony naming specific assailants and weapons.
  • โ€”The demand for total exoneration sits against the undisputed, gruesome medical evidence of a coordinated multi-weapon assault causing 17 ante-mortem injuries, a fact the acquittal does not explain away but rather leaves unresolved as to who was actually responsible.
A Body Left Overnight, an FIR That Arrived Late: Supreme Court Acquits Murder Accused After Nearly 50 Years, Finding the Prosecution's Timeline Doesn't Add Up โ€” LegalEcoSys