HARI KISHAN versus STATE OF HARYANA

HARI KISHAN versus STATE OF HARYANA

Conviction cannot be upheld when the prosecution rests solely on the testimony of PW-2, whose credibility is in doubt and whose injuries are inconsistent with the timing of the alleged offence according to medical evidence; benefit of doubt must be given to the accused.

Parties
Appellant: Hari Kishan; Respondent: State of Haryana
Jurisdiction
India
Judgment Date
06 January 2010
Procedural Posture
Criminal Appeal / Appeal Against Conviction by High Court
Outcome
Criminal Appeal No. 133/2009 allowed; appellant acquitted of charges under s.302 and s.324 IPC. Criminal Appeal No. 134/2009 dismissed as not pressed.
Legal Topics
Murder, Credibility of Witness, Benefit of Doubt, Medical Evidence, Penal Code S.302, Penal Code S.324, Arms Act S.25
Criminal Law Murder Credibility of Witness Benefit of Doubt Medical Evidence Penal Code S.302 Penal Code S.324 Arms Act S.25

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Parties

Hari Kishan

Appellant

State of Haryana

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction by High Court

Legal Issues

  1. 1 Whether conviction for murder under s.302 IPC can be sustained solely on the testimony of PW-2, given inconsistencies between medical evidence and ocular testimony
  2. 2 Whether benefit of doubt should be given to the appellant where prosecution evidence is unreliable

Ratio Decidendi

Conviction cannot be upheld when the prosecution rests solely on the testimony of PW-2, whose credibility is in doubt and whose injuries are inconsistent with the timing of the alleged offence according to medical evidence; benefit of doubt must be given to the accused.

Court Disposition

Criminal Appeal No. 133/2009 allowed; appellant acquitted of charges under s.302 and s.324 IPC. Criminal Appeal No. 134/2009 dismissed as not pressed.

Orders

  • Appellant Hari Kishan to be released forthwith if not wanted in any other case.