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2005 (4) TMI 644 - SC - Indian Laws

Issues:
Appeal against acquittal under Section 302/34 IPC based on reliability of eyewitnesses' testimonies.

Analysis:
The judgment pertains to an appeal against the acquittal of the appellants under Section 302/34 of the Indian Penal Code. The High Court had acquitted the appellants, who were earlier convicted and sentenced to life imprisonment by the Trial Court. The incident in question occurred on 5.10.1979 in village Vikrampur, P.S. Kishni, where the deceased was allegedly shot and killed by the appellants. The prosecution's case relied on three eyewitnesses: PW1, PW2, and PW3. The Trial Court found the appellants guilty based on the testimonies of these witnesses. However, the High Court, in its impugned judgment, raised doubts about the reliability of the eyewitnesses' testimonies.

The High Court analyzed the evidence of the eyewitnesses in detail. It found discrepancies in the statements of PW2, the deceased's wife, regarding her presence at the time of the occurrence. The medical evidence suggested that the deceased had consumed food a few hours before the incident, which contradicted PW2's statements. Additionally, PW1, who witnessed the incident while returning from the village, was deemed unreliable by the High Court due to his animosity towards the appellants and lack of corroborating evidence. The High Court concluded that the testimonies of these witnesses were not credible, casting doubt on the prosecution's case.

The Supreme Court, after considering the reasons provided by the High Court and the evidence on record, upheld the acquittal. It noted that if two reasonable views exist based on the evidence, the one favoring the accused must be preferred. The Court found no merit in the appeal and dismissed it accordingly. The judgment underscores the importance of assessing the reliability of eyewitness testimonies in criminal cases and the principle of giving the benefit of doubt to the accused in case of uncertainty or conflicting evidence.

 

 

 

 

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