Last Seen Theory Collapses: Supreme Court Acquits Accused in Nellore Murder
Case Name: Thammineni Bhaskar vs. State of Andhra Pradesh
Date of Order: 17.09.2025
Citation: Criminal Appeal No. 4623 of 2024, 2025 INSC 1124
Bench: Justice Pankaj Mithal, Justice Prasanna B. Varale (DB)
Held: The Supreme Court acquitted the appellant (Accused No. 1), who had been convicted under Sections 302, 364, and 201 IPC for the alleged abduction and murder of one Bhoominadhan. The Court held that the prosecution failed to prove the case either by direct or circumstantial evidence. The alleged eyewitnesses (PW-5 and PW-6) turned hostile and did not support the kidnapping or last-seen theory. Mere animosity or motive was insufficient without substantive evidence. The conviction by the Trial Court and its affirmation by the High Court were set aside, and the appellant was directed to be released forthwith.
Summary: The case stemmed from animosity between the family of the deceased Bhoominadhan, an auto driver, and the accused Thammineni Bhaskar (A-1). An earlier FIR lodged by the deceased’s mother against the accused had created tension. On 26.03.2016, Bhoominadhan allegedly was kidnapped by A-1 and associates near a banyan tree in Nellore, and his dead body was later found near Sarvepalli Reservoir with multiple injuries.
The prosecution relied on PW-5 and PW-6, who initially stated under Sections 161 and 164 CrPC that they saw the accused drag the deceased into an auto. However, in their trial depositions, both witnesses retracted, stating they only saw some “galata” near the banyan tree and could not identify any persons. They denied witnessing abduction or informing PW-1 (the deceased’s father).
The Trial Court convicted A-1 based on circumstantial evidence and alleged motive, and the High Court affirmed. Before the Supreme Court, it was argued that there was no last-seen evidence, no credible eyewitness, and only suspicion based on prior animosity. The Court reiterated the five golden principles for conviction based on circumstantial evidence (the “panchsheel”), finding them wholly unmet.
Decision: The Supreme Court found the prosecution had “miserably failed” to prove kidnapping or murder, either through eyewitness testimony or circumstantial links. With no evidence establishing that the deceased was last seen with the accused, conviction could not stand. Both Trial Court and High Court judgments were overturned, and A-1 was acquitted of all charges. He was ordered to be released forthwith, unless required in another case.