Supreme Court acquits a man in a murder case, holding a disputed WhatsApp message cannot sustain a conviction

25 October 2026

In Kusumlal Sao v. State of Chhattisgarh, the Supreme Court of India has set aside a conviction under Section 302 and Section 201 of the Indian Penal Code. Forensic analysis of two witnesses' phones showed a WhatsApp message suggesting the accused's involvement, but the Court held it was not shown to be part of the same transaction as the crime and so did not fall under Section 6 of the Indian Evidence Act. The Court noted that the time of death was not fixed by substantive evidence, that one witness denied sending the message, and that its author and basis could not be determined. It held the message at best created a suspicion. The Court also found the chain of circumstantial evidence incomplete, said the blood-stained soil recovery was doubtful with no DNA match, and held the possibility of an accident had not been excluded.