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january 1988

Supreme Court of India · 1988-01-12

CHANDAN & OM PRAKASH vs STATE OF RAJASTHAN

Citation / case number
SC 1986/69952
Court
Supreme Court of India
Petitioner
CHANDAN & OM PRAKASH
Respondent
STATE OF RAJASTHAN
Author
G.L. OZA
Bench
G.L. OZA

Judgment text excerpt

The Supreme Court held that the conviction under Section 302 read with Section 34 IPC cannot be sustained solely on the testimony of an accomplice without corroboration from independent evidence, as established under Section 114(6) and Section 133 of the Indian Evidence Act, 1872. The Court found that the evidence of the approver was unreliable and lacked corroboration, particularly as the key witness, the son of the deceased, was not examined at trial. Consequently, the appeals were allowed, and the convictions were set aside due to insufficient evidence connecting the accused to the crime.

CHANDAN & OM PRAKASH vs STATE OF RAJASTHAN · Niyam