VidhiSangh

Supreme Court of India · 11/07/2022

VIRENDRA versus STATE OF MADHYA PRADESH

[2022] 7 S.C.R. 464 · 2022 INSC 678

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Summary

A man was shot dead at 7.30 a.m. in 2001 in Madhya Pradesh over a property dispute; the appellant, his brother and their father were tried under Section 302 read with Section 34 IPC and the Arms Act, the father dying during trial. The conviction rested on PW-15, a dismissed police constable facing theft, dacoity, murder and NDPS cases, who said he left home only at 8 a.m. and saw the brother alone fire the shot, and on an alleged recovery of a pistol from the appellant. Two prosecution witnesses who heard the shot said the accused were not the assailants and that PW-15 arrived much later; they were never declared hostile. The doctor said both fatal injuries could come from a single shot, the recovery memo was never prepared, the recovery witness contradicted the investigating officer, and the FSL report attributed the cartridge to the co-accused's gun.

Issues

  1. Whether a conviction can stand on the testimony of a single eyewitness of doubtful antecedents whose presence is contradicted by other prosecution witnesses who were never declared hostile.
  2. Whether evidence of prosecution witnesses that supports the defence, left unimpeached by the prosecution, enures to the benefit of the accused.
  3. Whether an alleged recovery of a firearm without a recovery memo, with a witness contradicting the investigating officer and an FSL report pointing to a different weapon, can corroborate guilt.

Provisions considered

Held

Result

Appeal allowed; the conviction in Sessions Trial No. 129 of 2001 by the Fourth Additional Sessions Judge, Chhatarpur, as confirmed by the Madhya Pradesh High Court in Criminal Appeal No. 1367 of 2005, set aside and the appellant set at liberty.

Judgment PDF: Supreme Court of India, [2022] 7 S.C.R. 464.