1. Background and Trial Court Conviction

• Conviction and Sentence: On 3rd May 1999, the Sessions Judge, Bhiwani convicted the appellant for murder under Section 302 IPC, sentencing him to life imprisonment and a fine of ₹500.
• Appeal to High Court: The appellant's appeal was dismissed by the Punjab and Haryana High Court on 21st April 2008, affirming the trial court's judgment.

2. Prosecution Case

• Incident Overview: On 5th June 1998, at around 11:30 a.m., Karambir was allegedly stabbed by the appellant in Prabhat Cinema, Bhiwani, leading to his instantaneous death.
• Alleged Motive: The appellant suspected Karambir of having illicit relations with his wife.

3. Key Prosecution Witnesses

• Krishan Kumar (PW-5): Brother of the deceased; claimed to be an eye-witness present at the scene.
• Ram Kumar (PW-8): Ex-Sarpanch; testified that the appellant made an extra-judicial confession to him.

4. Evidence and Contradictions

Krishan Kumar's (PW-5) Testimony

• Inconsistencies: His statements in court deviated from his initial report (Exhibit-PF) used to register the FIR.
• Doubtful Presence: No blood stains on his clothes despite claiming to have touched the deceased; did not attempt to take his brother to the hospital.
• Contradictions with Other Evidence:
  • Seating Arrangements: His account conflicted with the cinema manager's testimony and the investigating officer's findings.
  • Other Witnesses: Accompanying friends, Ravinder (PW-6) and Mahender (PW-7), did not support his version and were declared hostile.

Ram Kumar's (PW-8) Testimony

• Extra-Judicial Confession: Claimed the appellant confessed to him in the presence of Piare Lal (DW-1).
• Contradicted by Defence Witness: Piare Lal (DW-1) denied any such confession occurred.

5. Supreme Court's Analysis

• Witness Reliability: Declared both Krishan Kumar (PW-5) and Ram Kumar (PW-8) as wholly unreliable witnesses.
• Lack of Corroboration: No independent evidence supported their testimonies; other witnesses did not corroborate the prosecution's case.
• Extra-Judicial Confession: Considered a weak piece of evidence, especially when contradicted by other testimonies.

6. Conclusion and Acquittal

• Failure to Prove Guilt: The prosecution did not establish the appellant's guilt beyond reasonable doubt.
• Judgment: The Supreme Court set aside the convictions by the trial court and the High Court.
• Result: The appellant was acquitted, and his bail bonds were discharged.

Acts and Sections Discussed

• Indian Penal Code, 1860

  • Section 302: Punishment for murder.

• Code of Criminal Procedure, 1973

  • Section 313: Power to examine the accused.

Ratio Decidendi

A conviction for murder cannot be upheld when based solely on the testimonies of wholly unreliable witnesses without corroborative evidence. Extra-judicial confessions are weak forms of evidence and, when contradicted, cannot substantiate a conviction. The prosecution must establish the guilt of the accused beyond reasonable doubt; otherwise, the accused is entitled to acquittal.

Subjects:

Murder, Evidence Evaluation, Witness Reliability, Acquittal on Benefit of Doubt

• Criminal Law
• Murder Acquittal
• Section 302 IPC
• Witness Credibility
• Extra-Judicial Confession
• Evidence Assessment
• Benefit of Doubt
• Criminal Appeal
• Indian Penal Code