Case Note & Summary
The Supreme Court allowed the appeal of Guman Singh, setting aside his conviction under Section 302 IPC for murder and Section 307 IPC for attempt to murder. The case arose from an incident on 30.08.2009 where Shiv Charan was killed and Babu Singh injured by gunfire. The prosecution relied on two eye-witnesses, Tara Singh (PW-1) and Varun Singh (PW-4), who claimed to have seen the appellant and others firing. However, the Court found their presence at the spot highly doubtful because the Investigating Officer (PW-7) and Sub-Inspector (PW-10) testified that these witnesses were not present when they arrived at 5:30 p.m., and only met them at the hospital around 8:20 p.m. The injured witness Babu Singh (PW-3) turned hostile and did not name the appellant or identify any assailant. The Court noted that the statements of PW-1 and PW-4 under Section 161 CrPC were recorded three days later, indicating deliberation. The FSL report failed to link the bullet to the pistol, and bullets from the deceased were not sent for ballistic examination. Applying the principle from Sunil Kumar v. State, the Court held the eye-witnesses wholly unreliable and lacking corroboration. Consequently, the prosecution failed to prove guilt beyond reasonable doubt, and the appellant was acquitted and ordered to be released unless required in another case.
Headnote
A) Criminal Law - Murder - Conviction based on eye-witnesses - Testimonies of PW-1 and PW-4 found wholly unreliable due to contradictions with police witnesses and delay in recording statements - Held that conviction cannot be sustained without corroboration (Paras 3-8). B) Criminal Law - Evidence - Wholly unreliable witness - Gradation of witnesses as per Sunil Kumar v. State (2003) 11 SCC 367 - Testimonies of PW-1 and PW-4 fall in the category of wholly unreliable - Even if treated as neither wholly reliable nor wholly unreliable, lack of corroboration leads to failure of prosecution case (Para 10). C) Criminal Law - Ballistic Evidence - FSL report - Bullet recovered from injured not matched with pistol; bullets from deceased not sent for examination - Held that such weak evidence cannot corroborate unreliable eye-witnesses (Para 9).
Issue of Consideration
Whether the conviction of the appellant under Sections 302 and 307 IPC based on the testimonies of eye-witnesses Tara Singh (PW-1) and Varun Singh (PW-4) is sustainable when their presence at the spot is doubtful and the injured witness turned hostile.
Final Decision
Appeal allowed. Conviction of Guman Singh under Sections 302 and 307 IPC set aside. Appellant to be set free forthwith unless required in any other case.
Law Points
- Wholly unreliable witness
- need for corroboration
- benefit of doubt
- failure to prove case beyond reasonable doubt
