Case Note & Summary
The case involves two criminal appeals filed under Section 374 of the Code of Criminal Procedure, 1973, challenging the conviction and sentence passed by the Additional Sessions Judge for Greater Mumbai in Sessions Case No. 605 of 1993 on 29.1.2003. The appellants, originally accused nos. 2, 3, 4, 6, 7, and 8, were convicted under Section 302 of the Indian Penal Code, 1860, for the murder of one person. The trial court sentenced them to life imprisonment. The prosecution's case was based primarily on the testimony of a sole eyewitness, PW-1, who claimed to have seen the accused assaulting the deceased. However, the High Court found that the evidence of PW-1 was riddled with contradictions and improvements, and there was no independent corroboration. The other prosecution witnesses either turned hostile or did not support the prosecution case. The court also noted that the medical evidence did not conclusively link the injuries to the accused. The High Court held that the prosecution had failed to prove the guilt of the appellants beyond reasonable doubt. Consequently, the appeals were allowed, the conviction and sentence were set aside, and the appellants were acquitted. The court directed that they be set at liberty forthwith unless required in any other case.
Headnote
A) Criminal Law - Murder - Section 302 Indian Penal Code, 1860 - Conviction based on sole eyewitness - The court examined the credibility of the sole eyewitness PW-1, whose testimony was found to be unreliable due to contradictions and improvements, and the lack of corroboration from other witnesses. Held that the prosecution failed to prove the guilt of the appellants beyond reasonable doubt, and the conviction was set aside (Paras 1-30).
Issue of Consideration
Whether the conviction of the appellants under Section 302 IPC was sustainable based on the evidence of the sole eyewitness and other circumstances.
Final Decision
Both appeals allowed. Conviction and sentence set aside. Appellants acquitted. They be set at liberty forthwith unless required in any other case.
Law Points
- Section 302 IPC
- Section 374 CrPC
- conviction based on unreliable testimony
- benefit of doubt
- acquittal
