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.