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Supreme Court of India · 04/08/2022

JAI PRAKASH TIWARI versus STATE OF MADHYA PRADESH

[2022] 10 S.C.R. 198 · 2022 INSC 791

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Summary

The appellant was convicted under Section 307 IPC and Sections 25 and 27 of the Arms Act for firing a country-made pistol at the complainant outside his house at night. The independent neighbours denied seeing the incident. The Court found the complainant's mother's evidence did not inspire confidence. She gave contradictory accounts of whether she saw the shooting, did not know the accused and could hardly have recognised him at night, and no identification parade was held. The seizure witnesses contradicted themselves or turned hostile. No pellet, cartridge or gunpowder residue was found at the spot, and no ballistic link to the seized pistol or motorcycle was shown. The courts below brushed aside the appellant's Section 313 defence of false implication through student-election rivalry and his alibi. The conviction was set aside.

Issues

  1. Whether convictions for attempt to murder and Arms Act offences could stand on the complainant's testimony and his mother's uncorroborated evidence, with doubtful recoveries and no link between the seized weapon and the incident.
  2. Whether the courts below properly considered the accused's defence and alibi put forward in his Section 313 CrPC examination.

Provisions considered

Held

Result

Appeal allowed. The conviction and sentence are set aside and the appellant, who is on bail, is discharged from his bail bonds.

Judgment PDF: Supreme Court of India, [2022] 10 S.C.R. 198.