Indian Penal Code, 1860
Section 302—Murder—Evidence of eye-witness—Reliability—Eye-witness refers to an exhortation made by the appellant to co-accused to kill the deceased—Statement of eye-witness recorded after a period of two months from the date of occurrence—No explanation as to why statement of witnesses was recorded belatedly—Police station was at a distance of two kilometers from the place of occurrence, the said eye-witness chose not to go to police to report about the incident during the entirety of the period—Conduct of witness would bring him in the category of witnesses who are not wholly reliable—Conviction on sole testimony of such a witness, without there being any corroboration to his evidence, would not be justified—Appellant entitled to benefit of doubt and acquitted—Appeal allowed.
[Paras 9 to 13]
Special Leave Petition
Dismissal of SLP of co-accused—Effect of—Dismissal of a special leave petition does not amount to affirmation of the view taken by the High Court or the Trial Court.
[Para 6]