VidhiSangh

Supreme Court of India · 27/07/2022

PRAHLAD versus STATE OF MADHYA PRADESH & ANR.

[2022] 16 S.C.R. 82 · 2022 INSC 753

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Summary

Three accused were acquitted of a 1991 firearm murder near a bus stand. On the State's appeal, the High Court convicted two of them under Section 302 read with Section 34 IPC. It relied on one eyewitness (PW-2), corroborated by the alleged recovery of a country-made pistol and a motorcycle. The Supreme Court restored the acquittal. The prosecution had put forward three different versions. The post-mortem requisition named the third accused as the shooter, while a Roznamcha entry described eleven persons holding the deceased. The investigating officer admitted withholding witness statements that went against the prosecution. PW-2 was not of sterling quality. The motorcycle was in fact recovered at the instance of the third accused's son, and the pistol from an open place without a panchnama. The High Court had exceeded the limits of appellate interference.

Issues

  1. Whether the High Court was justified in reversing the acquittal and convicting the appellants on the testimony of a single eyewitness corroborated by recoveries.
  2. Whether defective investigation and withholding of witness statements made the prosecution case unreliable.

Provisions considered

Held

Result

Appeals allowed. The High Court's judgment convicting the appellants under Section 302 read with Section 34 IPC was set aside and the trial court's acquittal restored.

Judgment PDF: Supreme Court of India, [2022] 16 S.C.R. 82.