1997 Murder case: SC acquits the accused stating no corroborative evidence was led by the prosecution to lend credence to the testimony of witnesses

On April 18, 2024, the Supreme Court (SC) of India was hearing an appeal against the February 2008 ruling of the Punjab and Haryana High Court that confirmed the conviction and sentence imposed on Kirpal Singh (accused of murder) by the Trial Court in July 2003. The top court acquitted the man (Kirpal Singh) who was convicted and sentenced to life for a murder that took place in Punjab’s Hoshiarpur district in 1997. While acquitting the accused, the SC said “Having given our thoughtful consideration to the entirety of the material available on record, we are of the firm view that evidence of Sharan Kaur (PW-5) and Daljit Singh (PW-6) is wholly unreliable, does not inspire confidence in the Court so as to affirm the conviction of the appellant. It may be reiterated that no corroborative evidence was led by the prosecution so as to lend credence to the testimony of these two witnesses.” Therefore, the bench comprising Justice BR Gavai and Justice Sandeep Mehta said that the appellant-accused “deserves to be acquitted by him a benefit of doubt.”

During the proceedings, the prosecution alleged that the motive behind the occurrence (murder) was that the appellant and his associate were bearing jealousy on account of the roaring business being done at the halwai shop of the deceased, which was doing much better as compared to the halwai shop run by the accused-appellant. After hearing the matter, The SC observed that the story so set up by the prosecution did not inspire confidence for more than one reason. It added, “Once the accused had achieved the objective of eliminating the deceased without being discovered, they had all the opportunity in the world to escape from the spot by using the very same ladder, which had been used to climb up the chaubara. Thus, there was no reason for the accused to risk discovery by coming down and alarming the family members.” The SC bench further added, “There cannot be two views on the aspect that if a case of homicidal death is reported at a Government hospital the doctors would immediately inform the police and there is no chance that the dead body would be allowed to be carried away by the family members.” 

The top court said that the inherent infirmities in the testimony of PW-5 (Sharan kaur) destroyed her evidentiary worth and had no hesitation in holding that she was an unreliable partisan witness. Furthermore, it said, “These inherent improbabilities and loopholes in the evidence completely destroy the fabric of the prosecution case which is full of holes and holes which are impossible to be stitched together.” The bench further observed that the prosecution led no other tangible evidence to connect the accused-appellant with the crime. Also, no weapon of crime was recovered at the instance of Kirpal Singh and thus, there was no corroborative evidence so as to lend credence to the wavering and unreliable testimony of PW-5 and PW-6. The SC bench quashed and set aside the judgments of the Trial court and HC. It further acquitted the accused and said “The sentence awarded to the appellant was directed to be suspended by this Court on 12th August 2011, during the pendency of this appeal and he is on bail. He need not surrender and the bail bonds are discharged.”