Sole eyewitness testimony found unreliable where material improvements and lack of corroboration made a murder conviction unsafe.

A murder conviction under Section 302 IPC was found unsafe where the prosecution relied solely on the alleged eyewitness PW-4. Her evidence contained material improvements on vital facts, including her claimed presence at the scene, and her stated residence with the deceased for about a month appeared improbable in the surrounding circumstances. The delay in recording her statement, the absence of supporting evidence from neighbouring witnesses, and the lack of corroborative incriminating circumstances such as injuries or burns on the appellant created serious doubt. In the absence of independent support, the conviction could not be sustained and the appellant was entitled to acquittal.

---

---

Issues: Whether the conviction for murder under Section 302 of the Indian Penal Code, 1860 could be sustained on the sole testimony of the alleged eyewitness PW-4 in the face of material improvements and doubts about her presence at the scene.

Analysis: The Court found that PW-4's version contained material improvements on vital facts bearing on her alleged presence and on the occurrence itself. Her claimed residence with the deceased for about a month was considered improbable in the surrounding circumstances, and the delay in recording her statement, the absence of support from any neighbouring witness, and the lack of corroborative incriminating circumstances such as injuries or burns on the appellant created serious doubt. The prosecution case otherwise lacked independent support, and the Court held that it would be unsafe to base a conviction solely on such evidence.

Conclusion: The conviction could not be sustained on the testimony of PW-4, and the appellant was entitled to acquittal.

---