Summary
The Supreme Court upheld the High Court’s reversal of acquittal and the four appellants’ murder convictions and life sentences. Consistent eyewitness accounts were corroborated by medical findings and weapon recoveries. Relationship, political affiliation, failure to intervene and omission of witness names from the promptly lodged FIR did not undermine these witnesses on the facts.
Issues
- Whether the eyewitness evidence and corroboration justified reversing the trial acquittal.
Provisions considered
- Sections 302 and 149, Indian Penal Code, 1860The four surviving appellants’ convictions for murder with unlawful-assembly liability and life sentences were confirmed. (¶¶ 1, 7, 25, 26)
Held
- A related witness is not inherently unreliable, and political opposition requires careful scrutiny rather than automatic rejection. Eyewitness testimony must be considered as a whole for credibility and consistency. (¶¶ 12, 17)
- Witnesses react differently to violence. Unarmed witnesses’ fear and failure to rescue the victim from an armed group did not justify disbelieving them. (¶¶ 11, 15, 16)
- The brother’s distress and the victim’s critical condition explained omission of two witness names from the promptly lodged FIR. Such omissions are not invariably fatal absent indications of fabrication. (¶¶ 13, 14)
- The eyewitness accounts were supported by medical evidence, bloodstained weapons and scene material. Mud on the victim’s legs was consistent with his fall and did not undermine the prosecution. (¶¶ 18, 19, 20)
- Appellate reappraisal of an acquittal is permissible, with regard to the strengthened presumption of innocence; a reasonable acquittal cannot be reversed merely because another view is possible. Here the trial court’s focus on insignificant matters and flawed assessment were perverse, warranting reversal. (¶¶ 22, 23, 24, 25)
Result
Appeal dismissed. The four appellants’ section 302 read with 149 convictions and life sentences confirmed. The separate maintained acquittal and abatement concerning other accused were unaffected.