BADRI versus STATE OF RAJASTHAN

BADRI versus STATE OF RAJASTHAN

Conviction for murder cannot be sustained on the sole testimony of a witness whose presence at the scene and reliability are seriously in doubt, and where alleged corroborating evidence is untested and omitted in FIR. Quality of evidence and absence of reliable corroboration require acquittal.

Parties
Appellant: Badri; Respondent: State of Rajasthan; Intervener: S. S. Khanduja
Jurisdiction
India
Judgment Date
06 November 1975
Procedural Posture
Criminal Appeal / Appeal by Special Leave Against Judgment Affirming Conviction
Outcome
Appeal allowed, conviction and sentence set aside.
Legal Topics
Murder, Evidence, Corroboration of Testimony
Criminal Law Murder Evidence Corroboration of Testimony

Case Brief

Summary, issues, holding and outcome

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Parties

Badri

Appellant

State of Rajasthan

Respondent

S. S. Khanduja

Intervener

Procedural Posture

Criminal Appeal / Appeal by Special Leave Against Judgment Affirming Conviction

Legal Issues

  1. 1 Whether conviction for murder can be sustained on the uncorroborated testimony of a sole witness whose reliability is in doubt.
  2. 2 Whether evidence of corroborating witness is admissible and reliable.
  3. 3 Legal significance of statement recorded under section 164 CrPC.

Ratio Decidendi

Conviction for murder cannot be sustained on the sole testimony of a witness whose presence at the scene and reliability are seriously in doubt, and where alleged corroborating evidence is untested and omitted in FIR. Quality of evidence and absence of reliable corroboration require acquittal.

Court Disposition

Appeal allowed, conviction and sentence set aside.

Orders

  • Conviction under section 302 IPC is set aside.
  • Sentence of imprisonment for life is set aside.