Summary
The murder conviction was set aside because the combined evidentiary defects created reasonable doubt. Witness accounts conflicted over arrival and observation; a claimed iron-coated weapon was an improvement, while medical evidence showed a fatal sharp piercing injury not connected to the recovered lathi. Seizure and forensic deficiencies reinforced the doubt.
Issues
- Whether the ocular, medical and recovery evidence reliably established the appellant’s guilt.
Held
- The first-arriving witness’s police account described accused fleeing, whereas his court account and later-arriving witnesses described the assault. Those variations required careful scrutiny, particularly given longstanding hostility. (¶ 7–11)
- The fatal wound was from a sharp piercing object. The recovered lathi was not described as sharp or iron-coated and was not shown to the doctor; blood mismatch and non-examination of the seizure officer added material deficiencies. (¶ 12–13)
- The cumulative contradictions and deficiencies prevented a finding of guilt. The decision did not reject related testimony merely because of relationship. (¶ 11–14)
Result
Appeal allowed; conviction set aside and appellant acquitted, with release unless required for another offence.