NDLI: State of U.p. Vs. Naresh and Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Murder Injured witness
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Indian Penal Code (45 of 1860)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Penal Code, 1860 - ss.302/ 34, 307/34 and 379/34 . Murder of one person and serious gunshot injuries to another. Conviction of accused-respondents by trial court - Order reversed by High Court - Justification of- Held: Not Justified. The High Court gravely erred in discarding the evidence of PWs merely because they were relatives of the deceased. It further fell into error in not giving due weightage to deposition of a stamped witness, who had suffered gun shot injuries - The High Court made too much of insignificant discrepancies, which were made the basis for acquittal. Judgement of trial court convicting the respondents restored.Evidence - Witnesses - Related witness - Appreciation of - Held: A mere relationship cannot be a factor to affect credibility of a witness - Evidence of a witness cannot be discarded solely on the ground of his relationship with the victim of the offence.Evidence - Witnesses - Injured witness - Appreciation of - Held: The testimony of an injured witness is accorded a special status in law - The evidence of the injured witness should be relied upon unless there are grounds for rejection of his evidence on the basis of major contradictions and discrepancies therein.Evidence - Discrepancies in depositions of witnesses. Effect of - Held: In all criminal cases, normal discrepancies are bound to occur in depositions of witnesses due to normal errors of observation, namely, errors of memory due to lapse of time or due to mental disposition such as shock and horror at the time of occurrence - Where the omissions amount to a contradiction, creating a serious doubt about the truthfulness of the witness and other witnesses also make material improvement while deposing in the court, such evidence cannot be safe to rely upon - However, minor contradictions, inconsistencies, embellishments or improvements on trivial matters which do not affect the core of the prosecution case, should not be made a ground on which the evidence can be rejected in its entirety - Mere marginal variations in the statements of a witness cannot be dubbed as improvements as the same may be elaborations of the statement made by the witness earlier - The omissions which amount to contradictions in material particulars i.e. go to the root of the case/materially affect the trial or core of the prosecution's case, render the testimony of the witness liable to be discredited.Appeal - Appeal against acquittal - Held: In an appeal against an order of acquittal, the Court has to scrutinise the facts of the case cautiously - Every accused is presumed to be innocent unless his guilt is proved - While dealing with a judgement of acquittal, an appellate court must consider the entire evidence on record so as to arrive at a finding as to whether the views of the trial court were perverse or otherwise unsustainable - Criminal jurisprudence.
Judge	Hon'ble Dr. Justice B.S. Chauhan
Neutral Citation	2011 INSC 189
Petitioner	State Of U.p.
Respondent	Naresh And Ors.
SCR	[2011] 4 S.C.R. 1176
Judgement Date	2011-03-08
Case Number	674

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