NDLI: Waman & Ors. Vs. State of Maharashtra

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Penal Code
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Indian Penal Code (45 of 1860)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Penal Code, 1860:ss. 3021149, 4471149, 147 and 148 - Conviction under - Long standing land and water dispute between parties - Comment passed by A 1 on two victims resulting in quarrel between the parties - A2 to A 13 armed with weapons rushed to the place of incident and assaulted the victims - Victims later succumbed to their injuries - Incident witnessed by PW 1 to 4 (family members of victims) - Accused arrested and weapons recovered at their instance - Conviction of A 1 to A6 and A 16 ulss. 3021149, 4471149, 147 and 148 by courts below - Acquittal of the remaining accused - On appeal, held: Prosecution has established long standing land and water dispute among the deceased and the accused - Evidence of eye-witnesses PWs. 1-4 (family members of victims) are acceptable - Contradictions are trivial in nature and not related to the major overt act attributed to each accused - Medical evidence corroborate the assertion of prosecution witnesses- Though no weapon was recovered from A-12, the evidence of PWs. 1-4, weapons seized from various accused, · incised wounds on different body parts coupled with medical evidence clearly implicate A-12 also in the commission of murder- It is not the case of solitary blow but number of blows by various accused thus, the intention and knowledge to cause death has been amply demonstrated and proved - Thus, there is no error or infirmity or valid legal ground for interference in the order passed by the courts below -Evidence - Witnesses.s. 149 - Nature of - When attracted - Held: In order to attract s. 149 it must be shown that the incriminating act was done to accomplish the common object of unlawful assembly - It must be within the knowledge of the other members as one likely to be committed in 'prosecution of common object - If members of the assembly knew or were aware of the likelihood of a particular offence being committed in prosecution of a common object, they would be liable for the same u/s. 149 - Criminal law - Common object.Witnesses - Related witnesses - Credibility of - Held: Relationship is not a factor to affect the credibility of a witness - If the evidence of a witness is found to be consistent and true, the fact of he being a relative cannot discredit his evidence - Courts have to scrutinize the evidence of a related witness meticulously and carefully.Criminal trial - Non-explanation of injuries sustained by deceased or injury on accused - Effect of, on prosecution case - Held: Ordinarily, the prosecution is not obliged to explain each minor injury on an accused even though caused in the course of occurrence, however, if the prosecution fails to explain a grievous injury on one of the accused persons, established to have been caused in the course of the same occurrence then the prosecution case is looked at with a little suspicion - If the evidence is clear, cogent and creditworthy then non-explanation of certain injuries sustained by the deceased or injury on the accused ipso facto cannot be the basis to discard the entire prosecution case.
Judge	Honble Mr. Justice P. Sathasivam
Neutral Citation	2011 INSC 419
Petitioner	Waman & Ors.
Respondent	State Of Maharashtra
SCR	[2011] 6 S.C.R. 1072
Judgement Date	2011-06-29
Case Number	364

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