Indian Penal Code, 1860
Section 302—Murder—Order of conviction passed by trial court set aside by High Court—Appeal—Reliability of eye witness—Merely because original complainant is not examined cannot be a ground to discard the deposition of sole eye-witness—Recovery of weapon used in the commission of offence is not a sine qua non to convict the accused—If there a direct evidence in the form of eye-witness, even in the absence of recovery of weapon, the accused can be convicted—Some contradictions found with respect to timing of lodging the FIR/complaint cannot be a ground to acquit the accused when the prosecution case is based upon deposition of eye-witness—Eye-witness has fully supported the case of prosecution—No reason found to doubt the credibility and/or reliability of eye-witness—Impugned judgment and order passed by High Court acquitting accused is unsustainable and same deserves to be quashed and set aside—Impugned order of High Court acquitting accused is set aside and that of trial court convicting the accused is restored—Appeal allowed.
[Paras 7 to 9]
Decision : Appeal allowed