NDLI: State Through The Inspector of Police Vs. Laly @ Manikandan & Another Etc

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Penal Code – ss. 302 & 34
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Penal Code – ss. 302 & 34 – Conviction on the basis of the deposition of the sole eye witness – The respondents-three accused were tried for having committed the murder of victim-deceased – The respondents were held guilty of the offences u/s 302 r/w. 34 of IPC by the trial Court – However, the High Court did not find the testimony of PW1 credible and acquitted the accused – On appeal, held: PW1 was the eye witness to the occurrence at both places i.e. the first part was at the time when the victim, PW1 and one another were travelling in the car, where A1 caused injury on the right shoulder of the victim and thereafter is the second part, when victim was trying to run away and reached a shed and all three accused entered shed and caused injuries to the victim-deceased – PW1 was fully cross-examined on behalf of the accused in which he stood by what he has stated and fully supported the case of the prosecution – No reasons to disbelieve and/or doubt the credibility of PW1 – Merely because the original complainant is not examined cannot be a ground to discard the deposition of PW1 – As per settled position of law, there can be a conviction on the basis of the deposition of the sole eye witness, if the said witness is found to be trustworthy and/or reliable – Recovery of the weapon used in the commission of the offence is not a sine qua non to convict the accused – If there is a direct evidence in the form of eye witness, even in the absence of recovery of weapon, the accused can be convicted – Similarly, even in the case of some contradictions with respect to timing of lodging the FIR/complaint cannot be a ground to acquit the accused when the prosecution case is based upon the deposition of eye witness – Therefore, the judgment passed by the High Court acquitting the accused is unsustainable and is set aside.
Judge	Hon'ble Mr. Justice M.R. Shah
Neutral Citation	2022 INSC 1093
Petitioner	State Through The Inspector Of Police
Respondent	Laly @ Manikandan & Another Etc
SCR	[2022] 15 S.C.R. 633
Judgement Date	2022-10-14
Case Number	1750-51

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