In Brief
Khema and others were convicted of murder (IPC §302 with §149), attempted murder (§307 with §149), and rioting (§148) in connection with a fatal attack on Prakash on 27 April 2002. The Supreme Court allowed their criminal appeals and acquitted them. The Court found that Omveer (PW-1), supposedly an eye witness, actually arrived after hearing gunshots and did not witness the assault. Inder (PW-2), an injured witness, had testimony marred by material inconsistencies regarding when injuries were inflicted and when he was medically examined. The Court concluded the corroborating evidence (weapon recoveries) lacked proper procedure and the prosecution failed to examine the first informant or independent witnesses. The appellants were therefore entitled to the benefit of doubt and acquitted.
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