In Brief
Pankaj was convicted of murder for shooting Raj Kumar in his juice shop in Bharatpur in March 1998. The High Court upheld the conviction. On appeal, the Supreme Court set aside the conviction due to material infirmities in the prosecution case. The sole eyewitness (PW-8, the deceased's brother) was an interested witness with inconsistencies. The dying declaration was suspicious—the victim was unconscious when admitted but allegedly regained consciousness hours later. Medical evidence contradicted the eyewitness regarding firing distance. Critically, forensic examination confirmed the recovered pistol was not matched with the bullet from the victim. The Court held the evidence lacked quality and credibility, warranting acquittal and benefit of doubt.
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