SHERA SINGH vs THE STATE OF PUNJAB

The Supreme Court held that the conviction of the appellant under Section 302 IPC was not justified solely on the basis of the last seen evidence provided by PW 16, as it lacked corroboration from material particulars, which is required for the testimony of an approver under Section 114 of the Indian Evidence Act, 1872. The Court emphasized that the mere presence of the appellant with the deceased does not establish guilt without corroborative evidence. Consequently, the Court allowed the appeal, set aside the conviction and sentence, and discharged the appellant's bail bonds.