[SC] Murder – IPC, 1860, S.302 – Conviction set aside – Unreliable sole eyewitness – No corroborative evidence – Recovery suspect – Appellants acquitted – Benefit of doubt – Appellants entitled to acquittal. [2025 PLRonline 0055 SC, ID 419854]

(2025-1)216 PLR 438 (SC) (SN), ABDUL WAHID v. STATE OF RAJASTHAN

Supreme Court of India

Present : Justice Pankaj Mithal and Justice Ujjal Bhuyan.

ABDUL WAHID & anr. – Appellant(s)

Versus

STATE OF RAJASTHAN – Respondent(s)

Criminal Appeal No. 722 of 2012 Alongwith Criminal Appeal No.1266 Of 2012.

Indian Evidence Act, 1872, Section 27 – Indian Penal Code, 1860, Section 302 – Murder – Benefit of doubt – Conviction based on sole unreliable eyewitness testimony – Essential corroboration lacking – Recovery of weapons highly suspect – No bloodstains on weapons, weapons not shown to doctor, seizure witnesses turned hostile, recovered items not produced in court – Clothes of accused not seized for forensic analysis – Glaring inconsistencies in prosecution evidence – Failure to link accused to homicidal death by credible evidence – Prosecution unable to discharge burden – Appellants entitled to acquittal – Conviction and sentence of life imprisonment quashed – Appeals allowed – Bail bonds discharged.    [Para 21-25]

Cases referred:

1. Anil Phukan   v. State of Assam, (1993) 3 SCC 282.

2. Narendrasinh Keshubhai Zala   v. State of Gujarat, 2023 SCC OnLine SC 284.

JUDGMENT

Ujjal Bhuyan, J. – ( 28 February 2025) –

Full text reported as 2025 PLRonline 0055, ID 419854