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Supreme Court Of India

(From : Rajasthan)*

Hon'ble Judge(s): N. Santosh Hegde, B. P. Singh, Ar. Lakshmanan , JJJ

Penal Code (45 of 1860) , S.300— Murder - Evidence of solitary eye-witness - Reliability - Said witness was chance witness whose presence at spot of incident was highly doubtful - His conduct of not informing anybody about the incident though persons were available on his way back until he went to village square appearing unnatural - In examination-in-chief he stating that he saw only one assault on deceased while in cross-examination, he stating that he saw accused attacking deceased twice and both injuries were caused in his presence - His evidence not reliable - Unexplained delay in filing complaint - No other @page-SC3560material to base conviction - Accused entitled to benefit of doubt. Evidence Act (1 of 1872) , S.3— D.B. Cri. A. No. 634 of 1981, D/- 15-5-1998 (Rajasthan), Reversed. (Para 5)