Case Note & Summary
The case involves an appeal by seven accused persons who were convicted by the Additional Sessions Judge, Pune for offences punishable under Sections 147, 148, 302 read with 149 of the Indian Penal Code (IPC). The prosecution alleged that the appellants formed an unlawful assembly and murdered the deceased. The sole eyewitness, PW-1, claimed to have seen the incident. However, the High Court found that the testimony of PW-1 was inconsistent with the medical evidence, which showed only one injury on the deceased, whereas the eyewitness claimed multiple injuries with different weapons. The court also noted that the eyewitness's account was not corroborated by any other witness or evidence. The court held that the prosecution failed to prove the common object of the unlawful assembly and that the conviction was based on unreliable testimony. Consequently, the court allowed the appeal, set aside the conviction, and acquitted all seven appellants, giving them the benefit of doubt.
Headnote
A) Criminal Law - Appreciation of Evidence - Sole Eyewitness - Testimony of sole eyewitness must be reliable, cogent, and corroborated by medical or other evidence - In the present case, the sole eyewitness's testimony was inconsistent with medical evidence regarding the number of injuries and the weapons used - Held that conviction cannot be based on such unreliable testimony (Paras 1-10). B) Criminal Law - Unlawful Assembly - Common Object - Sections 147, 148, 149 IPC - For conviction under Section 149, the prosecution must prove that the accused were members of an unlawful assembly with a common object - In this case, the evidence did not establish the common object or participation of all accused - Held that the conviction under Section 149 was not sustainable (Paras 1-10).
Issue of Consideration
Whether the conviction of the appellants under Sections 147, 148, 302 read with 149 IPC is sustainable based on the testimony of a sole eyewitness which is inconsistent and uncorroborated by medical evidence.
Final Decision
Appeal allowed. Conviction set aside. Appellants acquitted of all charges.
Law Points
- Appreciation of evidence
- Testimony of sole eyewitness
- Corroboration of medical evidence
- Unlawful assembly
- Common intention
- Benefit of doubt
