Case Note & Summary
The Supreme Court dismissed appeals filed by eleven accused persons challenging their conviction and life imprisonment for the murder of three persons and attempt to murder a minor girl. The case arose from a political rivalry in Tamil Nadu where the brother of the informant (PW-1) had worked for the election of PW-1's wife as Panchayat President, defeating the family of accused No.1. On the night of 14 November 2012, the deceased persons were travelling in a Scorpio car when a truck grazed their vehicle. Accused persons arrived on motorcycles and from the truck, armed with weapons, attacked the car and its occupants, killing three and injuring PW-9. PW-1 escaped and hid. The FIR was registered based on PW-1's complaint. The Trial Court convicted accused Nos. 1 to 11 and acquitted others. The High Court upheld the conviction. The appellants argued that the eye witnesses (PW-1, PW-2, PW-9) were unreliable, that PW-2 was a chance witness whose statement was recorded after 43 days, that PW-9 was a child witness without proper preliminary examination, and that corroborative evidence like fingerprints and weapon recovery was flawed. The State argued that concurrent findings should not be disturbed under Article 136. The Supreme Court examined the evidence and found that the testimony of PW-1 was consistent and credible, PW-2's delay was explained by fear, and PW-9's testimony was reliable. The Court also noted corroborative evidence including fingerprints of accused Nos. 2 and 3 found in the car, recovery of weapons, and matching paint flakes. The Court held that there was no perversity or illegality in the concurrent findings and dismissed the appeals, upholding the life imprisonment.
Headnote
A) Criminal Law - Murder and Attempt to Murder - Sections 302, 307, 149, 147, 148 IPC - Appreciation of Evidence - The appellants were convicted for murder of three persons and attempt to murder one victim based on testimony of three eye witnesses (PW-1, PW-2, PW-9) and corroborative evidence including fingerprints and recovery of weapons - The Supreme Court held that concurrent findings of fact cannot be reappreciated under Article 136 unless perverse or illegal - The Court found no reason to interfere with the well-reasoned judgments of the Trial Court and High Court (Paras 15-30). B) Evidence Law - Child Witness - Credibility - The testimony of PW-9, a minor aged 7 years 11 months at the time of incident, was found reliable by the Trial Court and High Court - The Supreme Court held that even if preliminary questions were not put, it cannot be the sole reason for rejecting the testimony of a child witness if otherwise credible (Paras 9, 14, 18). C) Criminal Procedure - Delay in Recording Statement - Adverse Inference - The statement of PW-2 was recorded after 43 days - The Supreme Court held that delay in recording statement is not fatal if explained by fear or other circumstances - No adverse inference can be drawn solely on that ground (Paras 8, 13, 19). D) Constitutional Law - Jurisdiction of Supreme Court - Article 136 of the Constitution of India - Scope of Interference - The Supreme Court held that in appeals under Article 136 against concurrent findings of conviction, the Court will not reappreciate evidence unless there is manifest illegality or perversity - The limited jurisdiction under Article 136 is narrower than that under Article 134 (Paras 11, 20-22).
Issue of Consideration
Whether the concurrent findings of conviction by the Trial Court and High Court suffer from any manifest illegality or perversity warranting interference under Article 136 of the Constitution of India
Final Decision
The Supreme Court dismissed the appeals and upheld the conviction and life imprisonment of Accused Nos. 1 to 11 for offences under Sections 302 and 307 read with Section 149 IPC and Section 3(1) of the Tamil Nadu Prevention of Damage to Public Property Act, as well as under Sections 147 and 148 IPC.
Law Points
- Concurrent findings of fact cannot be lightly interfered with under Article 136 of the Constitution
- Testimony of a child witness can be relied upon if found credible
- Delay in recording statement of a witness is not fatal if explained
- Fingerprint evidence and recovery of weapons can be corroborative evidence
