Shahid Khan Vs. State of Rajasthan
Indian Penal Code,1860 - Section 147 , Section 148 , Section 302 , Section 149 , Section 397
Murder - Conviction Set aside - Appreciation of evidence - Eye-witnesses - Delay in recording their statement - PWs 25 and PW24 residents of Kota which is at a distance of about 150 kms. from the place of occurrence - PW 25 admitted that he is a history-sheeter, and two cases under NDPS Act were imposed on him and he was also bound down under Section 110 Cr.P.C - Statements of PW 25 and PW 24 recorded after 3 days of the occurrence - No explanation forthcoming as to why they are not examined for 3 days -Not known as to how the police came to know that these witnesses saw the occurrence - Delay in recording the statements casts a serious doubt about their being eye-witnesses to the occurrence - PW 25 and PW 24, in view of their unexplained silence and delayed statement to the police, does not appear to be wholly reliable witnesses -No corroboration of their evidence from any other independent source either - Unsafe to rely upon their evidence only to uphold the conviction and sentence of the appellant as case against them not proved beyond reasonable doubt - Conviction and sentence of the appellants set aside.
Topic(s)-Murder - Conviction Set aside - Acquittal