Indian Penal Code, 1860
Section 302 read with Section 34—Murder—Conviction—When there are a number of eyewitnesses, the prosecution’s case cannot be disbelieved on ground that few of eyewitnesses were not examined, especially when version of eyewitnesses examined before the court, inspire confidence—Version of injured witnesses does not inspire confidence—That is how the failure of prosecution to examine three independent witnesses whose statements were recorded, becomes very relevant—One of three independent eyewitnesses attended the court but was not examined—Considering the fact that testimony of allegedly injured witnesses, cannot be believed, adverse inference will have to be drawn on account of prosecution’s failure to examine the three eyewitnesses—Prosecution has failed to prove the guilt of appellant beyond a reasonable doubt—Conviction set aside.
[Paras 9 & 10]