The Supreme Court has acquitted a person, who was convicted for 16 years in a murder case, based on the evidence of just one prosecution witness.
Calling it a ‘shocking’ state of affairs, the Bench of Justice Abhay S. Oka and Justice Augustine George Masih said it was ‘surprised’ to note that the courts had convicted the individual only on the basis of evidence of PW-1.
The Apex Court passed the order on a criminal appeal, in which the trial court had convicted the appellant for the offence punishable under Section 302 of the Indian Penal Code (IPC), 1860.
The appellant was represented by Advocate Vishal Vishwadheesh, while Advocate-on-Record (AOR) Adarsh Upadhyay appeared for the Respondent.
Complainant Jaggilal, the brother of deceased Harilal, apprised the Court that he was talking with Mohan Lal when accused no. 1 and 2 armed with pistols, and the appellant, armed with a knife, attacked Harilal. Accused nos.1 and 2 were fired at Harilal.
The three accused followed when the deceased was running away and the appellant assaulted Harilal with a knife. PW1-Ram Sumer, another brother and eyewitness, provided the key evidence. The Court convicted the appellant solely based on Sumer’s testimony.
The Apex Court noted that the case of the prosecution was that firearm injuries caused the death of the deceased and the allegation against the appellant was that he was carrying a knife in his hand. He assaulted the deceased after the bullets were fired on the deceased by the other two accused.
The Bench further noted that a charge under Section 34 of the IPC has not been framed against the appellant.
After noting the cross-examination of PW1, the Apex Court said that serious doubt was created as to whether PW1 had seen the incident of assault by the accused.
The top court of the country set aside the impugned judgments and acquitted the accused no. 3 of the charges were framed against him.
The Apex Court finally allowed the appeal.
Advocate Vishal Vishwadheesh, along with AOR Manju Jetley and Advocate Shailendra Kumar Singh appeared for the appellant.
The respondent was represented by AOR Adarsh Upadhyay, along with Advocates Rajesh Kumar Singh, Aman Pathak, Pallavi Kumari, and Shashank Pachauri.