Evidence of police witnesses is reliable if trustworthy, even if independent witnesses turn hostile.

On December 22, 1995, Pappu @ Raj Kishore Prasad, a trader from Bihar, was shot dead near Moradabad Railway Station while resisting a robbery of a suitcase containing ₹1,25,000

Dharmendra Singh was allegedly caught red-handed with the looted suitcase and an illegal firearm, while co-accused Sher Singh (deceased during trial) and Charan Singh fled

The Trial Court convicted both Dharmendra and Charan Singh under Sections 302/34 and 394 IPC, further convicting Dharmendra under Section 411 IPC and Section 25 of the Arms Act

The appellants challenged these convictions on the grounds that all independent fact witnesses turned hostile

1. Whether the testimony of police witnesses can form the sole basis for conviction when all independent fact witnesses have turned hostile

2. Whether the prosecution established the guilt of Charan Singh beyond reasonable doubt in the absence of recovery or arrest at the spot

3. Whether the conviction under Section 25 of the Arms Act is sustainable if the weapon was not sent for forensic examination

The Court applied Sections 302 (Murder), 394 (Voluntarily causing hurt in committing robbery), and 34 (Common intention) of the IPC

It relied on the principle from Goverdhan v. State of Chhattisgarh (2025) that an FIR does not lose relevancy merely because the informant turns hostile

Regarding police testimony, the court applied the doctrine from Girja Prasad v. State of M.P. (2007) and Madhu @ Madhuranatha v. State of Karnataka (2014), which holds that police officials are competent witnesses and their testimony cannot be discarded solely due to their profession if it inspires confidence

The Court noted that while fact witnesses (PW-2, PW-4, PW-11, PW-12) turned hostile, their depositions still established the date, time, and motive of the incident

The Court found the testimonies of SHO Hemant Kumar Mishra (PW-1) and other officers (PW-6, PW-10) highly credible as they caught Dharmendra Singh red-handed with the specifically marked currency notes belonging to the deceased

The "ring of truth" in the recovery of the suitcase from Dharmendra provided a strong link to the murder committed in furtherance of robbery

However, regarding Charan Singh, the Court found a lack of incriminating recovery or immediate arrest, rendering his presence doubtful

Regarding the Arms Act conviction, the Court observed that the failure of IO (PW-9) to conduct a "workable condition" test or FSL examination severed the link between the weapon and the crime

It allowed Criminal Appeal No. 2075 of 2008, acquitting Charan Singh of all charges by extending the benefit of doubt

Dharmendra Singh was directed to surrender within one month to serve his life sentence