Supreme Court of India
Sunil v. State of Maharashtra
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What the Court ordered
In view of the aforesaid infirmities the inevitable conclu- 8 c 538 SUPREME COURT REPORTS [2008] 14 S.C.R. A sion is that the prosecution has failed to establish the accusa tions so far as the present appellant is concerned.
Judgment, page 5
From the headnote
Penal Code, 1860: s. 302 r. w. s. 149 - Conviction under - Correctness of- On facts, held: Not correct- Evidence of wit- c ,_ nesses did not establish presence of accused at the place of occurrence. The trial Court convicted the appellant under s.302 . r.w. s.149 IPC, ss. 143, 144, 147, 148 and s. 506 r.w. 149 IPC on the basis of evidence of eyewitnesses. High Court affirmed the conviction. Hence the present appeal. Allowing the appeal, the Court HELD: 1. The evidence of PWs 2 and 6 did not es tab-· lish the presence of the appellant at the place of occur- rence. PW 2 is the father of the
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