Case Note & Summary
The Supreme Court dismissed two criminal appeals arising from a common judgment of the Rajasthan High Court, which had affirmed the conviction of Abdul Wahid, Babu, and Abdul Shakur under Sections 302/149 IPC for the murder of Ahsan Ali. The incident occurred on June 25, 1988, when the deceased and the informant, Faeem Ahmed (PW-1), were returning home on a motorcycle and were accosted by seven accused persons near Ghantaghar, Kota. The accused attacked them with knives and a katar, causing fatal injuries to Ahsan Ali. PW-1 lodged the FIR promptly at 12:35 AM, naming the appellants. The trial court convicted the three appellants under Sections 302/148 IPC, which the High Court modified to Sections 302/149 IPC, maintaining life imprisonment. The appellants challenged the conviction, arguing that PW-1 was an interested witness with criminal antecedents, that the FIR was delayed in reaching the magistrate, that the weapons were not produced, and that the medical evidence did not match the ocular version. The Supreme Court examined the evidence and found PW-1's testimony to be credible, consistent, and corroborated by the postmortem report, which showed eight incised wounds, including injuries to the abdomen, chest, and lungs. The Court noted that the delay in forwarding the FIR was explained and not fatal, and that the non-production of weapons did not undermine the prosecution case given the consistency of ocular and medical evidence. The Court held that the conviction was sustainable and dismissed the appeals.
Headnote
A) Criminal Law - Murder - Conviction based on sole eyewitness - Testimony of PW-1, an interested witness, found credible and corroborated by medical evidence - Held that conviction can be sustained on sole eyewitness if testimony is trustworthy and consistent with other evidence (Paras 11-18). B) Criminal Law - Delay in forwarding FIR - FIR lodged promptly but forwarded to magistrate after two days - Held that delay not fatal as it was explained and did not affect the prosecution case (Para 7.2). C) Criminal Law - Non-production of weapons - Recovery witnesses turned hostile - Held that non-production of weapons does not vitiate conviction if ocular and medical evidence are consistent (Para 7.3). D) Criminal Law - Interested witness - PW-1 was relative and employee of deceased - Held that testimony of interested witness can be relied upon if it is credible and corroborated (Para 7).
Issue of Consideration
Whether the conviction of the appellants under Sections 302/149 IPC based on the testimony of sole eyewitness PW-1 is sustainable in law.
Final Decision
The Supreme Court dismissed both criminal appeals, upholding the conviction of Abdul Wahid, Babu, and Abdul Shakur under Sections 302/149 IPC and the sentence of life imprisonment.
Law Points
- Sole eyewitness testimony can sustain conviction if credible and corroborated by medical evidence
- Interested witness testimony not automatically unreliable
- Delay in forwarding FIR to magistrate not fatal if explained
- Non-production of weapons not fatal if recovery witnesses turn hostile
- Ocular evidence consistent with postmortem report
