Case Note & Summary
The appellant, Sandeep, was convicted under Section 302 read with Section 34 IPC for the murder of Abdul Hameed on 30.10.1997. The prosecution alleged that four accused, including the appellant, came to the deceased's house, demanded jaggery, and shot him. The appellant was the only one convicted; two co-accused were acquitted, and one was sent to juvenile court. The High Court affirmed the conviction. The Supreme Court found that the eye-witnesses (PW1 and PW2) gave contradictory statements regarding the source of light, weapons, and specific roles. The FIR did not mention which accused shot the deceased. The wife of the deceased (Mangti), who was present, was not examined. The recovery of a country-made pistol was not linked to the crime. The Court held that the prosecution failed to prove guilt beyond reasonable doubt and set aside the conviction, acquitting the appellant.
Headnote
A) Criminal Law - Murder - Benefit of Doubt - Section 302 r/w 34 IPC - Where co-accused are acquitted and the prosecution case suffers from contradictions and non-examination of material witnesses, the appellant is entitled to benefit of doubt - Held that the conviction of the appellant alone, while acquitting co-accused with similar role, is unsustainable (Paras 12-14). B) Evidence Law - Eye-Witness Testimony - Reliability - Discrepancies in FIR and deposition regarding source of light, weapons, and specific role - Held that such inconsistencies render the testimony unreliable (Paras 10-12). C) Criminal Procedure - Non-Examination of Witnesses - Material Witness - Non-examination of the wife of the deceased (Mangti) and the Investigating Officer is fatal to the prosecution case - Held that the prosecution must examine all material witnesses to establish guilt beyond reasonable doubt (Paras 10-12).
Issue of Consideration
Whether the conviction of the appellant under Section 302 read with Section 34 IPC is sustainable based on the evidence on record.
Final Decision
The Supreme Court allowed the appeal, set aside the conviction and sentence, and acquitted the appellant of all charges.
Law Points
- Benefit of doubt
- Acquittal of co-accused
- Non-examination of material witness
- Discrepancies in FIR
- Recovery of weapon not linked to crime
- Section 302 IPC
- Section 34 IPC
