frail willow bending to every whiff of hesitancy. Judges are made of sterner
stuff and must take a practical view of the legitimate inferences flowing
from the evidence, circumstantial or direct. Even applying this principle,
we have a doubt as regards the complicity of the appellant-convict in the
crime.
67.
In the present case, it is difficult to rest the conviction solely based
on the two dying declarations. At the cost of repetition, the PW-2 has been
otherwise also not believed by the High Court.
68.
As discussed above, the oral evidence of the PW-4 Soni, also does
not inspire any confidence. We are not satisfied that the prosecution has
proved its case against the appellant-convict beyond reasonable doubt.
69.
We, therefore, allow these appeals and acquit the appellant-convict
of all the charges levelled against him. The appellant-convict is, therefore,
directed to be released forthwith provided he is not required in connection
with any other case or cases.
……......………………………...J.
(B.R. GAVAI)
…….….…………………………..J.
(J.B. PARDIWALA)
…….………..……………………..J.
(PRASHANT KUMAR MISHRA)
NEW DELHI;
AUGUST 23, 2023.
35
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