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Virendra Kumar Chamar vs. The State of Uttar Pradesh

Not available · 2024 INSC 606Decided 7 Aug 2024
Not available
Justice Abhay S. Oka · Justice Augustine George Masih

Background

The appellant was convicted for murder under Section 302 IPC as one of three accused, alleged to have stabbed the victim with a knife after two co-accused shot him with pistols. The prosecution's case rested almost entirely on the testimony of one eyewitness, the deceased's brother, since the original complainant (another brother) had died before trial and no other eyewitness was examined. The appellant had already spent sixteen years in prison by the time the appeal reached the Supreme Court.

Decision Breakdown

The Supreme Court scrutinized the sole eyewitness's testimony and found serious inconsistencies, in cross-examination, the witness admitted he arrived at the scene two to three minutes after the shots were fired, that no one was present when he arrived, that the deceased had likely already died by then, and that he had not actually witnessed the shooting or the stabbing. The Court also noted that death was caused by firearm injuries, yet no charge under Section 34 IPC (common intention) had even been framed against the appellant for the knife assault. Concluding that the conviction rested on unreliable, doubtful eyewitness evidence, the Court set aside the conviction and acquitted the appellant, directing his immediate release.

Lesson Learnt

A criminal conviction, especially one carrying a life sentence, cannot stand on the testimony of a single witness whose own cross-examination reveals he did not actually see the crime occur; courts must scrutinize eyewitness credibility rigorously rather than accept testimony at face value.

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

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