SHERA SINGH versus THE STATE OF PUNJAB

Conviction of appellant is unsustainable as approver's evidence was not corroborated in material particulars; being last seen with deceased does not suffice as corroboration for murder charge.

Parties: Appellant: Shera Singh; Respondent: State of Punjab
Jurisdiction: India
Judgment Date: 28 August 1996
Procedural Posture: Criminal Appeal / Supreme Court Final Disposition
Outcome: Appeal allowed; conviction and sentence set aside.
Legal Topics: Murder, Corroboration of Approver's Evidence, Benefit of Doubt

Criminal Law Murder Corroboration of Approver's Evidence Benefit of Doubt

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Full judgment text Legal principles 1 Authorities cited 3 Party arguments 2 Amounts and remedies 1

Parties

Shera Singh

Appellant

State of Punjab

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Final Disposition

Legal Issues

1 Whether conviction based solely on the evidence of approver, corroborated only by 'last seen together' testimony, is justified under Section 302 read with 34 IPC

Ratio Decidendi

Conviction of appellant is unsustainable as approver's evidence was not corroborated in material particulars; being last seen with deceased does not suffice as corroboration for murder charge.

Court Disposition

Appeal allowed; conviction and sentence set aside.

Orders

Appellant acquitted; conviction and sentence passed against appellant set aside.
Appellant's bail bonds stand discharged.