In Brief
The appellant was convicted of murder under Section 302 read with Section 34 IPC for allegedly shooting a man in a property dispute. The Supreme Court allowed the appeal and set aside the conviction. The Court found that the prosecution's case rested solely on the uncorroborated testimony of a witness with questionable credibility and a criminal history. Multiple other prosecution witnesses gave evidence contradicting this star witness but were not declared hostile, making their favourable-to-accused testimony binding on the prosecution. The recovery of the alleged murder weapon was not properly proved. The Court held that the presence of the appellant at the crime scene was highly improbable and the prosecution failed to prove its case beyond reasonable doubt.
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