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Pawan @ Rajinder Singh and another v. State of Haryana

Criminal Appeal · Neutral citation not assigned (Criminal Appeal No. 2194 of 2014)Decided 8 Mar 2017
Criminal Appeal No. 2194 of 2014
Justice N.V. Ramana · Justice Prafulla C. Pant

Background

A man was shot dead after a dispute over a small unpaid loan amount with the accused. He had last been seen leaving with the two accused on a scooter, and his body was found the next morning. The trial court convicted both accused of murder largely on the strength of two "chance witnesses" who claimed to have overheard the altercation and gunshot at midnight, along with recovery of a country-made pistol, and the High Court upheld the conviction.

Decision Breakdown

The Supreme Court found it unexplained how the two chance witnesses, a rickshaw puller and an auto driver from different localities, recognised the deceased and the accused in the dark at midnight, and held their testimony unreliable since it was uncorroborated. Crucially, the Forensic Science Laboratory report could not confirm that the recovered cartridge was actually fired from the recovered pistol, since its firing mechanism was not working and the key marking was missing. The alleged motive, a dispute over a mere ₹250, was also found unconvincing and unproven. Concluding that the prosecution had failed to prove the charge beyond reasonable doubt, the Court acquitted both accused.

Lesson Learnt

A conviction cannot stand on uncorroborated "chance witness" testimony and forensic evidence that itself fails to conclusively link the accused to the crime: gaps in scientific evidence and weak motive evidence can be fatal to a circumstantial case.

Official source (sci.gov.in)View Judgment (PDF)

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