Indian Penal Code, 1860
Section 302—Murder—Proof—Testimonies of eye-witnesses—Statements of eye-witnesses appeared to have been recorded belatedly and after detaining two of them in police station, therefore, in view of this belated disclosure of being eye-witnesses, versions of these two witnesses cannot be accepted as it is and conviction cannot be based on sole testimonies of these witnesses in absence of corroboration—There is no evidence to connect appellant with alleged weapon—Even the FSL reports adduced by prosecution, fails to provide any corroboration and does not aid the prosecution—In view of fact that presence of the eye-witnesses at the spot is not convincing, it is difficult to rely upon the sole testimony of these eye-witnesses—No other evidence on record which corroborates the version of the eye-witnesses—Conviction set aside.
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