VidhiSangh

Supreme Court of India · 28/02/2025

ABDUL WAHID & ANR. versus STATE OF RAJASTHAN

[2025] 2 S.C.R. 2101 · 2025 INSC 295

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Summary

Three appellants convicted of murder under Section 302 read with Section 149 IPC for a 1988 knife attack in Kota challenged their life sentences. The Court found the sole surviving eyewitness, the informant PW-1, to be an interested stock witness of the police whose account was contradicted by the investigating officers and the physical record, found the other eyewitnesses hostile or inconsistent, and found the investigation gravely deficient (motorcycle not seized, no blood-soil sample, weapon recoveries unproved and weapons not produced). Holding there was no credible evidence connecting the accused to the admittedly homicidal death, it acquitted all three.

Issues

  1. Whether the conviction for murder could rest on the uncorroborated testimony of the sole eyewitness PW-1, an interested witness with criminal antecedents who admitted appearing as a police witness in another case.
  2. Whether the alleged recoveries of weapons at the instance of the accused were admissible and reliable under Section 27 of the Evidence Act.
  3. Whether deficiencies in the investigation and inconsistencies between the ocular evidence and the record entitled the appellants to the benefit of doubt.

Provisions considered

Held

Result

Both appeals allowed; judgments of the High Court dated 26.08.2011 and the trial court dated 10.03.2003 set aside; conviction and sentence of all three appellants set aside; appellants being on bail, their bail bonds discharged.

Judgment PDF: Supreme Court of India, [2025] 2 S.C.R. 2101.