Case Note & Summary
The Supreme Court heard an appeal by the convicted accused against the judgment of the Madhya Pradesh High Court which had upheld their conviction under Sections 148 and 302 read with 149 of the Indian Penal Code for the murder of Gajraj Singh. The prosecution case was based on the testimony of two eye-witnesses, Lakhan Singh (PW-10) and Ram Singh (PW-11), who claimed to have seen the accused beating the deceased with lathis at Brar Khora on 25.05.1994 at about 2 pm. The trial court and High Court had accepted their testimony as true. However, the Supreme Court found that while the witnesses gave a parrot-like version of the incident, their statements regarding post-incident events were materially contradictory. Lakhan Singh stated that after reaching the village, he narrated the incident to several persons and later went to the police station where the FIR was lodged only after the SDOP arrived. Ram Singh, on the other hand, stated that they did not tell anyone in the village and that the SDOP was already at the police station when they arrived. There were also contradictions as to who informed them of the death of Gajraj Singh. The Court also noted that the site plan was allegedly signed by both witnesses, but Lakhan Singh claimed he never went to the spot and Ram Singh denied signing it. The last seen witnesses Somati (PW-6) and Raghubir (PW-7) gave contradictory statements and could not be relied upon. The Court held that the material contradictions and the parrot-like version of the eye-witnesses created doubt about their truthfulness, and the prosecution had failed to prove its case beyond reasonable doubt. Consequently, the appeal was allowed, the conviction and sentence were set aside, and the appellants were acquitted.
Headnote
A) Criminal Law - Murder - Unreliable Witnesses - Sections 148, 302/149 IPC - The Supreme Court set aside the conviction of the appellants, holding that the eye-witnesses' testimonies were parrot-like and contained material contradictions regarding post-incident conduct, who informed about the death, and the timing of police arrival, creating doubt about their truthfulness (Paras 3-8). B) Criminal Law - Last Seen Theory - Corroboration - The Court found that the last seen witnesses Somati (PW-6) and Raghubir (PW-7) gave contradictory statements and could not be relied upon to prove the last seen theory against all accused (Paras 9-10). C) Criminal Procedure - Investigation - Fair Investigation - The Court noted that the site plan was prepared without the presence of the alleged witnesses who claimed they did not sign it, indicating that the investigation was not fair (Para 8).
Issue of Consideration
Whether the testimonies of the alleged eye-witnesses Lakhan Singh (PW-10) and Ram Singh (PW-11) are trustworthy and reliable to sustain the conviction of the appellants under Sections 148 and 302 read with 149 of the Indian Penal Code.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellants acquitted.
Law Points
- Conviction cannot be based on unreliable witnesses
- Material contradictions in testimony create doubt
- Parrot-like versions indicate tutoring
- Last seen theory requires corroboration
- Fair investigation is essential
