Case Note & Summary
The case involved the conviction of two appellants for the murder of a widow, Smt. Dhaka, based primarily on the testimony of an approver, Mam Chand, and the recovery of certain articles. The incident occurred on 23rd August 1975, when Smt. Dhaka was found dead in her home. The prosecution's case relied on the evidence of the approver and the identification of articles recovered at the instance of the accused. However, the trial court had discarded the testimony of two witnesses who identified some articles, and the key witness, Gyarsi Lal, the son of the deceased, was not examined at trial. The High Court upheld the conviction based on the approver's testimony, despite the lack of direct evidence. The appellants contended that the evidence was insufficient as it lacked corroboration from independent sources. The Supreme Court analyzed the legal principles surrounding accomplice testimony, emphasizing that such evidence must be corroborated by independent evidence to be reliable. The court found that the evidence presented did not connect the accused to the crime and that the approver's testimony was not credible. Consequently, the court allowed the appeals, set aside the convictions, and ordered the immediate release of the appellants.
Headnote
A) Criminal Law - Accomplice Evidence - Requirement of Corroboration - Indian Evidence Act, 1872, Sections 114(6), 133 - The court held that the testimony of an accomplice must be corroborated by independent evidence to sustain a conviction. In this case, the evidence of the approver was not corroborated by any reliable independent evidence, leading to the conclusion that the conviction could not be maintained (Paras 603-605).
Issue of Consideration
Whether the conviction based solely on the testimony of an accomplice without independent corroborative evidence is sustainable.
Final Decision
The Supreme Court allowed the appeals, set aside the convictions and sentences of the appellants, and ordered their immediate release due to lack of corroborative evidence connecting them to the crime.
Law Points
- Evidence of accomplice
- corroboration requirement
- hearsay evidence
- identification parade
- natural version of testimony
