In Brief
The Supreme Court acquitted an appellant convicted of murder under Section 302 IPC. The deceased suffered a fatal neck wound allegedly inflicted by the appellant with a Tabbal weapon. However, the Court found no eyewitness had actually seen the appellant assault the deceased. The sole evidence was the informant's statement that he found the accused fleeing the scene. The Court held that without eyewitness testimony, the prosecution must establish motive—which it failed to do, as all family witnesses testified there was no enmity between the parties. Additionally, the medical evidence showed the recovered weapon could not have caused the injury, and the deceased's intoxication made accidental injury plausible. The conviction was set aside and the appellant, who had served 15 years, was released.
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