VidhiSangh

Supreme Court of India · 16/03/2023

NARENDRASINH KESHUBHAI ZALA versus STATE OF GUJARAT

[2023] 2 S.C.R. 746 · 2023 INSC 241

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

A man was convicted under Section 302 read with 34 IPC and the Arms Act for shooting a young man dead near the Circuit House at Surendranagar in January 2002, on the testimony of the deceased's friend as sole eyewitness, an alleged money dispute and recovery of a gun on his disclosure; the Gujarat High Court affirmed. A three-Judge Bench acquitted him after nearly two decades of incarceration: the eyewitness, a 24-year-old shopkeeper, went home and slept after allegedly seeing his friend shot, sought no help from the police headquarters minutes away, told no one until the next morning, improved his version and named the accused only on police interrogation; the father's account did not corroborate him; the independent witness who took the deceased to hospital heard no shot and left the autorickshaw driver unidentified; and nothing scientifically linked the recovered weapon to the crime.

Issues

  1. Whether a conviction for murder can be sustained on the uncorroborated testimony of a sole eyewitness whose conduct after the incident was unnatural and whose version was improved, where the recovered weapon was not scientifically linked to the crime.

Provisions considered

Held

Result

Appeal allowed; judgment of the Additional Sessions Judge, Surendranagar dated 19.07.2003 as affirmed by the Gujarat High Court on 29.12.2011 set aside; appellant acquitted of all charges and directed to be released forthwith unless required in any other case.

Judgment PDF: Supreme Court of India, [2023] 2 S.C.R. 746.