Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Evidence |
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 | Issue for consideration:Concurrent conviction of the appellant-accused No.1 for offencespunishable u/ss.302, 341 IPC primarily on the basis of evidenceof PW-1, an interested witness, if justified.Evidence – Interested witness – Previous enmity – Convictionbased solely on the testimony of interested witness, withoutcorroboration of such testimony – Legality:Held: PW-1 is an interested witness, being the brother of thedeceased – He admitted that there existed previous enmitybetween the parties wherein the deceased and his wife-PW-3were injured after a scuffle between the parties and the trialwith regard to that incident was ongoing – Previous enmity isa double-edged sword – On the one hand, it provides for themotive and on the other hand, the possibility of false implicationcannot be ruled out – PW-1 was found to be unreliable by thetrial court insofar as the other accused are concerned, exceptaccused Nos.1 and 3 – Other witnesses, including PW-3, wife ofthe deceased, only stated that all of the accused persons cameto their home in the village and exhorted that they had killed thedeceased – On the basis of very same evidence, all the accused,except accused No.1-appellant and accused No.3 were acquittedby the trial court – High Court disbelieved the testimony of PW-1insofar as accused No.3 is concerned and he was acquitted onthe ground that he was arrested by the police within few daysafter the incident (which happened on 14.09.2004), whereas thearrest is shown on 22.09.2004 – Reasoning given by the HighCourt in distinguishing the case of the present appellant as againstaccused No.3 is totally perfunctory– Appellant’s conviction couldnot have been based solely on the testimony of PW-1, withoutcorroboration – Impugned judgment quashed and set aside –Appellant acquitted of all the charges levelled against him – PenalCode, 1860 – ss.302, 341. [Paras 9-13, 15, 16 and 18] |
Judge | Hon'ble Mr. Justice Bhushan Ramkrishna Gavai |
Neutral Citation | 2023 INSC 269 |
Petitioner | Nagaraj Reddy |
Respondent | State Of Tamil Nadu |
SCR | [2023] 14 S.C.R. 457 |
Judgement Date | 2023-03-21 |
Case Number | 886 |
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