Case Note & Summary
The appellant, Abdul Karim Mohammed Shaban, was convicted by the Additional Sessions Judge, Greater Bombay for the murder of Sayyed Farukh Sayyed Gafar under Section 302 of the Indian Penal Code, 1860 and sentenced to life imprisonment. He was originally accused no.2 along with four others. The trial court acquitted the other accused of murder but convicted some under Section 324 read with 34 IPC. The appellant alone appealed against his conviction. The prosecution case was that the appellant had a quarrel with Sheikh Khaja (PW-4) over an insult to his father, and later the appellant and others attacked the deceased. The only eyewitness to the murder was PW-4, whose testimony the trial court relied upon. The High Court examined the evidence and found that PW-4's testimony was not wholly reliable; there were material contradictions and inconsistencies. Moreover, the other accused were acquitted of the murder charge, which weakened the prosecution's case against the appellant. The court held that the conviction based solely on the uncorroborated testimony of a single witness, which was not found to be wholly reliable, could not be sustained. The appellant was given the benefit of doubt and acquitted of all charges.
Headnote
A) Criminal Law - Murder - Section 302 Indian Penal Code, 1860 - Conviction based on sole eyewitness - The appellant was convicted for murder solely on the testimony of PW-4, who was the only eyewitness. The court found his testimony unreliable due to material contradictions and lack of corroboration, especially since other accused were acquitted of murder. Held that the prosecution failed to prove guilt beyond reasonable doubt, and the appellant is entitled to acquittal (Paras 1-10).
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code, 1860 based on the testimony of a single eyewitness is sustainable in law.
Final Decision
Appeal allowed. Conviction and sentence of the appellant under Section 302 IPC set aside. Appellant acquitted of all charges. Fine, if paid, to be refunded.
Law Points
- Conviction under Section 302 IPC requires proof beyond reasonable doubt
- Testimony of a single witness must be wholly reliable and corroborated
- Acquittal of co-accused for same offence weakens prosecution case
- Benefit of doubt must be given when evidence is inconsistent
