Case Note & Summary
The case involved an appeal by Sukhar against his conviction under Section 307 of the Indian Penal Code (IPC) for allegedly injuring Nakkal. The incident occurred on April 17, 1978, when Sukhar, who was Nakkal's nephew, allegedly shot him during a dispute over land cultivation. Following the incident, Nakkal reported to the police, leading to Sukhar's arrest and subsequent conviction by the Additional Sessions Judge, which was upheld by the High Court of Allahabad. The prosecution's case relied heavily on the testimony of PW 2, who claimed to have heard Nakkal identify Sukhar as his assailant shortly after the shooting. However, during the trial, Nakkal died, and the prosecution failed to establish a direct link between his death and the injuries sustained during the incident. The High Court admitted PW 2's testimony under Section 6 of the Evidence Act, considering it part of the res gestae. The appellant's counsel argued that PW 2's evidence was inadmissible and unreliable, citing the presence of other witnesses who were not called to testify. The Supreme Court analyzed the admissibility of PW 2's statement and concluded that while it was admissible, it lacked reliability due to the witness's animosity towards Sukhar and the absence of corroborating evidence. Ultimately, the court set aside the conviction, acquitting Sukhar and ordering his immediate release.
Headnote
A) Evidence Law - Admissibility of Evidence - Res Gestae - Evidence of PW 2 held admissible under Section 6 of the Evidence Act - The court found that the statement made by the injured to PW 2 was contemporaneous with the act of shooting, thus qualifying as res gestae. The court relied on precedents to establish that such statements are admissible when made spontaneously and immediately after the incident (Paras 24-25). B) Criminal Law - Reliability of Evidence - Conviction under Section 307 IPC - The court concluded that the evidence of PW 2 was unreliable due to his animosity towards the accused and lack of corroboration from other witnesses. The absence of supporting evidence rendered the conviction unsustainable, leading to the acquittal of the appellant (Paras 30-32).
Issue of Consideration
Whether the evidence of PW 2 was admissible under Section 6 of the Evidence Act and whether it was reliable enough to sustain a conviction under Section 307 IPC.
Final Decision
The Supreme Court set aside the conviction and sentence of the appellant Sukhar under Section 307 IPC, acquitting him of the charges due to the unreliable nature of the evidence provided by PW 2 and the absence of corroboration. The court ordered the immediate release of the appellant who was in jail.
Law Points
- Admissibility of evidence
- Res gestae
- Hearsay evidence
- Section 6 Evidence Act
- Section 307 IPC
- Dying declaration
- Corroboration of evidence
