Case Note & Summary
The Supreme Court dismissed an appeal against the conviction of Sakhawat and Mehndi (appellants) for the murder of Sukha and attempt to murder PW-7 under Sections 302 and 307 read with Section 34 IPC. The incident occurred on the intervening night of 4th/5th May 1981, when the deceased was sleeping in his hut and PW-4 was nearby. Eyewitnesses PW-4, PW-5, and PW-6 testified that they saw the appellants and another accused (acquitted) clinging to PW-7, with appellant no.1 holding a country-made pistol and appellant no.2 a knife. Two gunshots were heard, and the deceased succumbed to a firearm injury. PW-7, the injured witness, turned hostile and claimed that PW-4 and one Abrar were the real culprits. The Trial Court convicted the appellants, and the High Court upheld the conviction. The appellants argued that the eyewitnesses had filed affidavits contradicting their testimony, that there was delay in FIR, and that the recovery of weapons was not proved. The Supreme Court examined the evidence and found that the testimony of PW-5 and PW-6 remained unchallenged on material aspects, including the presence of the appellants with weapons. The Court noted that the affidavits allegedly filed by these witnesses were not properly confronted during cross-examination, and the witnesses denied executing them. The delay in FIR was explained by the time taken for medical treatment and police formalities. The Court held that the concurrent findings of fact were based on credible evidence and were not perverse. The appeal was dismissed, and the conviction and sentence were upheld.
Headnote
A) Criminal Law - Murder - Sections 302, 307, 34 Indian Penal Code, 1860 - Eyewitness Testimony - Appellants convicted for murder and attempt to murder based on testimony of three eyewitnesses whose evidence remained unchallenged on material aspects - High Court upheld conviction - Supreme Court found no perversity in concurrent findings - Held that minor contradictions and delay in FIR do not discredit credible eyewitness accounts (Paras 9-11, 16-17). B) Evidence Law - Hostile Witness - Section 154 Indian Evidence Act, 1872 - Injured witness turned hostile and implicated others - Court held that evidence of a hostile witness cannot be relied upon and does not weaken prosecution case if other eyewitnesses are credible - Held that the testimony of PW-7, being hostile, was rightly disregarded (Paras 14, 16). C) Criminal Procedure - Appeal - Concurrent Findings - Supreme Court's interference limited to cases of perversity or miscarriage of justice - No such infirmity found in the present case - Held that concurrent findings of fact based on credible evidence should not be disturbed (Para 17).
Issue of Consideration
Whether the conviction of the appellants under Sections 302 and 307 read with Section 34 IPC is sustainable based on the evidence of eyewitnesses PW-4, PW-5, and PW-6, despite the hostile witness PW-7 and alleged contradictions.
Final Decision
Appeal dismissed; conviction and sentence of life imprisonment under Sections 302 and 307 read with Section 34 IPC upheld
Law Points
- Concurrent findings of fact
- Unchallenged testimony
- Hostile witness
- Delay in FIR
- Affidavit contradiction
