Summary
The Supreme Court upheld the appellant's conviction under Section 302 read with Section 34 IPC for a fatal assault at a tea stall, holding that the testimony of the deceased's mother and a recovery witness, the doctor's opinion linking the injuries to the khukri recovered from the appellant's house, and the FSL finding of the deceased's blood group on it proved guilt even though most eye-witnesses turned hostile.
Issues
- Whether the conviction could stand when most of the material eye-witnesses, including the informant, had turned hostile.
- Whether the recovery witness was unreliable because he knew the deceased and deposed while drunk.
- Whether the concurrent findings of guilt warranted interference under Article 136.
Provisions considered
- Section 302 read with Section 34, Indian Penal Code, 1860The appellant, armed with a khukri, and the co-accused, armed with a sword, attacked the deceased together; the Court held the charge of murder in furtherance of common intention proved beyond reasonable doubt on the evidence of the mother, the recovery witness, the medical opinion and the FSL report, and refused to give the benefit of doubt sought on the ground that common intention was not shown. (¶¶ 1, 8, 10, 11, 12, 13)
- Article 136, Constitution of IndiaThe State argued that concurrent findings of fact should not be disturbed under Article 136; the Court found no good ground to interfere with the concurrent findings of the trial court and the High Court. (¶¶ 9, 14)
Held
- The evidence of witnesses who turn hostile during trial cannot be discarded altogether on that ground alone; here the informant, though hostile, admitted his signature on the Dehati Nalisi recorded immediately after the incident naming both accused. (¶ 10)
- A witness is not to be treated as interested or unreliable merely because he knew the deceased. The recovery witness withstood cross-examination, and the trial court had recorded that, though drunk, he was in a sound state of mind to understand and answer questions, so his evidence on recovery of the khukri from the appellant's house was accepted. (¶ 10)
- The mother of the deceased was thoroughly cross-examined and nothing favourable to the appellant emerged; the post-mortem doctor opined that the injuries were possible with the recovered khukri, and the FSL found human blood of group B, the deceased's group, on it. (¶¶ 11, 12)
- On this evidence the prosecution proved the appellant's guilt beyond reasonable doubt, and there was no good ground to interfere with the concurrent findings of fact recorded by the courts below. (¶¶ 13, 14)
Result
Appeal dismissed; conviction under Section 302 read with Section 34 IPC and sentence of life imprisonment with fine affirmed; pending applications closed.