AIROnline 2025 SC 188

Penal Code (45 of 1860) , S.302— Evidence Act (1 of 1872) , S.3— Murder – Appreciation of evidence – Accused persons allegedly committed murder of deceased – Entire case of prosecution was based upon evidence of family members of deceased which was found by High Court to be untrustworthy and specious – Conviction of accused persons cannot rest solely on such doubtful testimonies – Delay on part of IO in recording statements of crucial witnesses was unfathomable, given their availability and versions given by them – No bullet was recovered from body of deceased, though there was no evidence of any exit wound – Doctor admitted that what was initially stated by him to be gunshot wound was actually caused by stabbing weapon – Therefore, so-called recovery of pistol from one accused was of no help to prosecution – Accused persons were given benefit of doubt and conviction was set aside.
AIROnline 2024 MP 1803-Reversed

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