Case Note & Summary
The appellant, Deepak Pralhad Shejwal, was convicted under Section 302 of the Indian Penal Code for the murder of Sham Gade and sentenced to life imprisonment. The prosecution case was that on 18 June 2010, the deceased was initially assaulted by three unknown persons with wooden logs. Subsequently, the appellant allegedly shot the deceased with a country-made handgun, blaming him for his brother's suicide. The sole eyewitness, PW-1 Chunilal Zambre, claimed to have seen the appellant shoot the deceased. The trial court convicted the appellant based on this testimony. On appeal, the Bombay High Court scrutinized the evidence and found several inconsistencies. The medical evidence indicated that the deceased died due to a firearm injury, but the eyewitness's account of the shooting was not corroborated by other witnesses. PW-1's testimony was found to be unreliable as he did not mention the appellant's name in the initial complaint and his version was contradicted by other prosecution witnesses. The court also noted that the recovery of the weapon from the appellant was not properly proved. Consequently, the High Court held that the prosecution failed to prove its case beyond reasonable doubt, set aside the conviction, and acquitted the appellant.
Headnote
A) Criminal Law - Murder - Sole Eyewitness Testimony - Section 302 Indian Penal Code, 1860 - The court examined the reliability of PW-1, the sole eyewitness, whose testimony was found to be inconsistent with the medical evidence and other circumstances. The court held that when the sole eyewitness is not wholly reliable, his testimony cannot form the basis of conviction without corroboration. The appellant was acquitted giving him the benefit of doubt (Paras 1-18).
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code based on the testimony of a sole eyewitness is sustainable when the witness's account is inconsistent and lacks corroboration.
Final Decision
The appeal is allowed. The conviction and sentence of the appellant under Section 302 IPC are set aside. The appellant is acquitted and directed to be set at liberty forthwith, if not required in any other case.
Law Points
- Conviction based on sole eyewitness testimony requires the witness to be wholly reliable
- if testimony is found to be unreliable or improbable
- conviction cannot be sustained
- benefit of doubt must be given to accused.
