SUPREME COURT OF INDIA

Before:- G.T. Nanavati and V.N. Khare, JJ.

Criminal Appeal No. 507 of 1991. D/d. 2.4.1998.

State of Punjab - Appellant

Versus

Rakesh Kumar alias Painta - Respondent

For the Appellant :- R.S. Sodhi, Advocate.

For the Respondent :- Ms. Indra Sawhney, Advocate.

Indian Penal Code, 1860, Section 300 - Murder - Numerous infirmities in evidence of eye-witnesses - Could not form basis for conviction of accused - Appeal dismissed.

[Para 2]

JUDGMENT

G.T. Nanavati, J. - The State has filed this appeal against acquittal of the respondent by the High Court. He was convicted by the trial Court under Section 302 Indian Penal Code for causing death of Chand Ram.

2. We have gone through the judgments of both the Courts below. We find that the High Court has rightly appreciated the evidence of eye-witness - Sneh Lata - PW 3 and for good reasons rejected it. The High Court has pointed out number of infirmities appearing in her evidence. In view of the said infirmities, her evidence could not have been accepted and could not have formed the basis for the conviction of the respondents.

3. As we find that the High Court has rightly acquitted the respondent, the appeal is dismissed.

Appeal dismissed.