VidhiSangh

Supreme Court of India · 27/03/2018

GANAPATHI & ANR. versus THE STATE OF TAMIL NADU

[2018] 3 S.C.R. 51 · 2018 INSC 271

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Summary

The Supreme Court upheld the murder convictions of accused Nos. 2–4. The father’s and brother’s consistent eyewitness accounts were credible and medically supported; relationship alone did not make them interested witnesses or require rejection of their evidence. The child eyewitness’s account of the second killing was also reliable. The defence school-attendance record did not displace her presence because it mechanically marked every student present throughout seven months. The unappealed acquittal of accused No. 1 was outside these appeals.

Issues

  1. Whether related eyewitnesses could be relied upon despite allegations of interestedness and hostile independent witnesses.
  2. Whether the child witness’s account was displaced by the school-attendance evidence.
  3. Whether the convictions of accused Nos. 2–4 warranted interference.

Held

Result

Both appeals dismissed; murder convictions and life sentences of accused Nos. 2–4 upheld. Accused No. 1’s unappealed acquittal remains outside the appeal.

Judgment PDF: Supreme Court of India, [2018] 3 S.C.R. 51.