Case Note & Summary
The Supreme Court dismissed the appeal filed by five accused challenging their conviction under Sections 148, 302 read with Section 149 of the Indian Penal Code, 1860 for the murder of Madhavji. The prosecution case was that on 18 August 1993, at around 8-8:30 AM, the deceased was attacked in his fields by six accused armed with axe, sword, farsa, lathi, etc. The son of the deceased, Bhawarlal (PW3), heard his father's cries and saw the assault; his daughter Shyamkalabai (PW12) and an unrelated eyewitness Babulal (PW11) also reached the spot and saw the accused fleeing with weapons. The injured was taken to the police station in a bullock cart but died en route. The FIR was lodged within four hours. The trial court convicted the accused, and the High Court affirmed. The appellants argued that the eyewitnesses were related and interested, and that there was past enmity leading to false implication. The Supreme Court held that the testimony of related witnesses is not automatically unreliable; it must be scrutinized with care. Here, the evidence of PW3, PW11, and PW12 was consistent, corroborated by medical evidence showing multiple injuries caused by hard, blunt, and sharp weapons, and the defence theory of accidental fall was disbelieved. The court found no reason to interfere with the concurrent findings of fact. The appeal was dismissed, and the conviction and sentence were upheld.
Headnote
A) Criminal Law - Murder - Related Witness Testimony - Evidence of children of deceased is not automatically unreliable; it must be scrutinized with care but can form basis of conviction if found credible and corroborated by medical evidence and other eyewitnesses (Paras 18-20). B) Criminal Law - Common Intention - Section 149 IPC - Unlawful Assembly - When accused are armed with lethal weapons and attack the deceased in furtherance of common object, conviction under Section 302 read with Section 149 IPC is justified (Paras 10-14). C) Criminal Law - False Implication Plea - Enmity - Mere existence of enmity does not automatically lead to false implication; court must assess evidence on its merits (Paras 14, 16).
Issue of Consideration
Whether the conviction of the appellants under Sections 148, 302 read with Section 149 IPC based on the testimony of related eyewitnesses (children of the deceased) is sustainable when there is alleged enmity and some hostile witnesses.
Final Decision
The Supreme Court dismissed the appeal and upheld the conviction of the appellants under Sections 148, 302 read with Section 149 IPC, with sentences of life imprisonment and fine as imposed by the trial court and affirmed by the High Court.
Law Points
- Related witness testimony
- credibility of eyewitnesses
- corroboration with medical evidence
- common intention under Section 149 IPC
- false implication plea
