In Brief
Sudhir Kumar Jain was convicted of murder under Section 302 IPC and sentenced to life imprisonment based on the dying declaration of the victim, evidence from a constable who was in the car with the accused, and recovery of a country-made pistol. The Supreme Court set aside the conviction and acquitted the appellant, finding that all eyewitnesses turned hostile, the dying declaration did not name the assailant, the constable's evidence was delayed and uncorroborated, and the recovered pistol was not serviceable. The Court held that guilt was not proved beyond reasonable doubt and the conviction was unsafe.
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