Supreme Court of India
Digital Supreme Court Reports
The Official Law Report Fortnightly ISSN: 3048-4839 (Online)
Home
Full Text

NARENDRASINH KESHUBHAI ZALA vs. STATE OF GUJARAT

SCR Citation: [2023] 2 S.C.R. 746
Year/Volume: 2023/ Volume 2
Date of Judgment: 16 March 2023
Petitioner: NARENDRASINH KESHUBHAI ZALA
Disposal Nature: Appeal Allowed
Neutral Citation: 2023 INSC 241
Judgment Delivered by: Hon'ble Mr. Justice Sanjay Karol
Respondent: STATE OF GUJARAT
Case Type: CRIMINAL APPEAL /1179/2012
Order/Judgment: Judgment
1. Headnote

Penal Code, 1860 – ss. 302/34 – Arms Act, 1959 – ss. 25(1) A, 27(2) – Acquittal of accused – Appellant was accused of having committed the murder of the victim-deceased by shooting at him while he was sitting on a Nala with PW-3 – FIR was lodged and the charge-sheet was filed and the appellant was put on trial – Trial Court convicted the appellant on the testimony of the sole eye-witness (PW-3) and such conviction was upheld by the High Court – On appeal, held: In the case of a sole eye witness, the witness has to be reliable, trustworthy, his testimony worthy of credence and the case proven beyond reasonable doubt and unnatural conduct and unexplained circumstances can be a ground for disbelieving the witness – It is not the quantity but the quality of witnesses and evidence that can either make or break the case of the prosecution – It is the duty of the prosecution to prove that the testimonies of the witnesses that it seeks to rely upon are of sterling quality, i.e. fully trustworthy and absolutely free from any kind of blemish – Further, it is true that concurrent findings of facts of the Courts below, are usually, not to be interfered with – However, in the instant case, testimony of PW-3 was full of blemishes, absolutely uninspiring in confidence – In absence of any other evidence linking the accused to the murder of the deceased, testimony of PW-3 discarded – Appellant acquitted.

2. Case referred
3. Act
  • Indian Penal Code, 1860 (45 of 1860)
  • Arms Act, 1959 (54 of 1959)
4. Keyword
  • IPC
  • ss. 302/34
  • Arms Act
  • 1959
  • ss. 25(1) A
  • 27(2)
  • Acquittal of accused