Case Note & Summary
The case involves two criminal appeals filed by Javed Rizwan Shaikh (accused No.2) and Shabir Shamshuddin Shaikh (accused No.1) against their conviction under Section 302 read with 34 of the Indian Penal Code, 1860, for the murder of Sohail Shaikh. The prosecution alleged that on 18th December 2007 at about 1:30 a.m., the appellants along with others assaulted the deceased with weapons including a scythe, resulting in his death. The sole eyewitness was PW-4 Samir Shaikh, the brother of the deceased. The trial court convicted the appellants based on his testimony. On appeal, the Bombay High Court examined the evidence and found that PW-4 was an interested witness being the brother of the deceased. His testimony was not corroborated by any independent witness, and the prosecution did not examine other available witnesses. The medical evidence did not fully support the manner of assault described by PW-4. The court held that while the testimony of an interested witness can be the basis of conviction if it is reliable, in this case it lacked credibility and corroboration. The court also noted that the prosecution failed to explain why independent witnesses were not examined. Consequently, the court allowed the appeals, set aside the conviction, and acquitted the appellants.
Headnote
A) Criminal Law - Murder - Appreciation of Evidence of Interested Witness - Section 302 read with 34 Indian Penal Code, 1860 - Conviction based solely on testimony of brother of deceased who was an interested witness - Held that while conviction can be based on sole testimony of an interested witness, it must be reliable and corroborated by other evidence - In the present case, the witness's testimony was inconsistent, not corroborated by independent witnesses or medical evidence, and the prosecution failed to explain why independent witnesses were not examined - Conviction set aside (Paras 1-10).
Issue of Consideration
Whether the conviction of the appellants under Section 302 read with 34 IPC based solely on the testimony of an interested witness (brother of deceased) is sustainable without independent corroboration.
Final Decision
Appeals allowed. Conviction set aside. Appellants acquitted.
Law Points
- Appreciation of evidence of interested witness
- Need for corroboration
- Circumstantial evidence
- Reversal of conviction
