Case Note & Summary
The case involved appeals against the conviction of several accused for the murder of Ajay under Section 302 IPC read with Section 149 IPC. The incident occurred on 22-04-2016, when Ajay was shot while being chased by assailants on motorcycles. The prosecution's case relied heavily on the testimony of Mohit @ Kala (PW-9), who claimed to have witnessed the incident. However, the court found significant inconsistencies in PW-9's statements, including his failure to name the accused in his initial report and discrepancies regarding the number of motorcycles involved. The court noted that the prosecution did not conduct a Test Identification Parade (TIP) and that the CCTV footage presented was not reliable, as it did not clearly identify the accused. The court emphasized that the prosecution failed to prove a common object among the accused necessary for a conviction under Section 149 IPC. Ultimately, the Supreme Court allowed the appeals, set aside the convictions, and acquitted the accused, highlighting the deficiencies in the prosecution's case and the lack of credible evidence linking the accused to the crime.
Headnote
A) Criminal Law - Murder - Conviction under Section 302 IPC - Insufficient Evidence - The prosecution failed to establish the guilt of the accused beyond reasonable doubt, as the key witness's testimony was inconsistent and lacked corroboration. The court found that the prosecution did not prove the common object necessary for conviction under Section 149 IPC. The appeals were allowed, and the accused were acquitted. - Indian Penal Code, 1860, Sections 302, 149 (Paras 10-11).
Issue of Consideration
Whether the prosecution proved the guilt of the accused beyond reasonable doubt under Section 302 IPC read with Section 149 IPC.
Final Decision
The Supreme Court allowed the appeals, set aside the judgments of the Sessions Court and the High Court, and acquitted the accused of all charges, ordering their immediate release if not required in any other case.
Law Points
- Section 302 IPC
- Section 149 IPC
- Section 25 Evidence Act
- Section 26 Evidence Act
- Section 65B Evidence Act
- Section 313 Cr.P.C.
