Case Note & Summary
The appellant, Talari Naresh, was convicted by the Trial Court for the murder of Shiva Shankar, a Scheduled Caste member, under Sections 302 and 323 IPC and Sections 3(2)(v) and 3(1)(x) of the SC/ST Act. The prosecution alleged that on 12 May 2013, the appellant attacked the deceased with a stone after a quarrel over the deceased's elopement with the appellant's sister. The High Court confirmed the conviction. The Supreme Court, however, allowed the appeal and acquitted the appellant. The Court found that the sole eyewitness, PW1 (mother of the deceased), was an interested witness and her testimony was inconsistent with the medical evidence. The other eyewitness, PW3, turned hostile and did not support the prosecution. The medical evidence suggested that the injuries could have been caused by a fall, not necessarily by a stone attack. The Court also held that the prosecution failed to prove the casteist slur under Section 3(1)(x) as the incident occurred in a private setting and not in public view. The conviction under Section 3(2)(v) was also set aside as the prosecution did not establish the caste of the victim and the accused beyond doubt. The Court emphasized that the burden of proof lies on the prosecution and that the evidence must be reliable and consistent. The appellant was acquitted of all charges and ordered to be released forthwith.
Headnote
A) Criminal Law - Appreciation of Evidence - Hostile Witness - Conviction cannot be based solely on the testimony of a single interested witness when the sole eyewitness turns hostile and medical evidence contradicts the prosecution story - The court held that the evidence of PW1, the mother of the deceased, was unreliable due to inconsistencies and lack of corroboration, and the hostile witness PW3 did not support the prosecution - The prosecution failed to prove the guilt beyond reasonable doubt (Paras 5-15). B) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Section 3(1)(x) - Casteist Slur - Allegation of casteist abuse must be proved beyond reasonable doubt - The court held that the mere allegation of a casteist slur by PW1, without independent corroboration and in the absence of any other evidence, was insufficient to sustain a conviction under Section 3(1)(x) - The court noted that the incident occurred in a private setting and not in public view, and the prosecution failed to establish the essential ingredients of the offence (Paras 16-20). C) Indian Penal Code, 1860 - Section 302 - Murder - Medical Evidence - Inconsistency between ocular and medical evidence - The court held that the medical evidence, which indicated that the injuries could have been caused by a fall or a blunt object, did not conclusively support the prosecution's version of a homicidal attack with a stone - The court found that the prosecution failed to prove the cause of death beyond reasonable doubt (Paras 10-15). D) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Section 3(2)(v) - Offence Committed on Victim Belonging to Scheduled Caste - The court held that the conviction under Section 3(2)(v) was unsustainable as the prosecution failed to prove the foundational facts of the caste of the victim and the accused, and the intent to commit the offence on the basis of caste - The court noted that the caste certificates were not properly proved and the evidence of PW9 was not reliable (Paras 16-20).
Issue of Consideration
Whether the conviction of the appellant under Sections 302 and 323 IPC and Sections 3(2)(v) and 3(1)(x) of the SC/ST Act is sustainable based on the evidence on record.
Final Decision
The Supreme Court allowed the appeal, set aside the conviction and sentence, and acquitted the appellant of all charges. The appellant was ordered to be released forthwith unless required in any other case.
Law Points
- Appreciation of evidence
- hostile witness
- medical evidence
- casteist slur
- dying declaration
- circumstantial evidence
- burden of proof
- reasonable doubt
