Summary
Murder convictions were reversed after a prosecution witness admitted that police had taught the material witnesses how to depose the day before their evidence. Neither re-examination nor the investigating officer explained that admission. The resulting risk of tutoring, coupled with withheld available independent eyewitnesses, created substantial doubt. Both appellants were acquitted and their bail bonds cancelled. The Tamil Nadu DGP was directed to arrange an inquiry and lawful action against erring police officials.
Issues
- Whether the unexplained admission of police tutoring undermined the material witnesses.
- Whether the convictions could survive in light of that evidence and withheld independent eyewitnesses.
- What directions were required concerning police interference with testimony.
Provisions considered
- Sections 302 and 34, Indian Penal Code, 1860The concurrent murder convictions were set aside because the prosecution evidence raised substantial doubt after the tutoring admission and non-examination of available independent witnesses. (¶¶ 1, 6, 7, 8, 9)
Held
- The deceased’s mother admitted in cross-examination that she, her husband and the other witnesses had attended the police station the previous day and were taught how to give evidence. The prosecution did not clarify this in re-examination and the investigating officer gave no explanation, so the Court proceeded on that admitted footing. (¶¶ 5, 6)
- On these specific facts, the material related witnesses’ testimony had to be discarded because of the distinct possibility of police tutoring. The Court condemned such interference with the judicial process as gross misuse of police power; the conclusion was not based on relationship alone. (¶¶ 6, 7, 8)
- Available independent eyewitnesses were not examined, warranting an adverse inference in the circumstances. Combined with the tainted testimony, this created a substantial doubt whose benefit belonged to both appellants. The alternative argument for a lesser homicide offence was not the basis of relief. (¶¶ 3, 7, 8, 9)
- Both appeals were allowed, the lower-court judgments set aside and the appellants acquitted with bail bonds cancelled. The Tamil Nadu DGP must cause an inquiry into the police officials’ tutoring of the five witnesses and initiate appropriate action against erring officials according to law. (¶¶ 9, 10)
Result
Appeals allowed; both appellants acquitted and bail bonds cancelled. Tamil Nadu DGP directed to arrange an inquiry into police tutoring and lawful action against erring officials.