AIROnline 2025 SC 188

Supreme Court Of India

(From : AIROnline 2024 MP 1803)

Hon'ble Judge(s): Sanjiv Khanna, Sanjay Kumar, K. V. Viswanathan , JJJ

Penal Code (45 of 1860) , S.302— Evidence Act (1 of 1872) , S.3— Murder - Appreciation of evidence - Accused persons allegedly committed murder of deceased - Entire case of prosecution was based upon evidence of family members of deceased which was found by High Court to be untrustworthy and specious - Conviction of accused persons cannot rest solely on such doubtful testimonies - Delay on part of IO in recording statements of crucial witnesses was unfathomable, given their availability and versions given by them - No bullet was recovered from body of deceased, though there was no evidence of any exit wound - Doctor admitted that what was initially stated by him to be gunshot wound was actually caused by stabbing weapon - Therefore, so-called recovery of pistol from one accused was of no help to prosecution - Accused persons were given benefit of doubt and conviction was set aside. AIROnline 2024 MP 1803-Reversed (Para 14 18 19 20) .....