Case Note & Summary
The appeal arises from a conviction under Section 302 read with Section 34 IPC for the murder of Sanju. The incident occurred on 31 August 2002 when the deceased was shot by the appellant and co-accused Omkar from the roof of Omkar's house. The prosecution examined three eyewitnesses: Ram Prakash (PW-1, father of deceased), Sultan Singh (PW-2, uncle), and Ram Naresh (PW-5, maternal uncle and first informant). The trial court convicted the appellant and Omkar, acquitting two others. The High Court affirmed. The appellant argued that the eyewitnesses were not present and could not have seen the incident due to distance and obstructions. The Supreme Court examined the testimonies and the site plan, noting that the witnesses were in a position to see the firing. The medical evidence confirmed a single gunshot wound as the cause of death. The court found the eyewitness accounts consistent and credible, and the appellant's defence under Section 313 CrPC was unsupported. The appeal was dismissed, upholding the conviction and life sentence.
Headnote
A) Criminal Law - Murder - Section 302 read with Section 34 IPC - Conviction based on eyewitness testimony - The appellant was convicted for murder along with co-accused based on the testimony of three eyewitnesses and medical evidence confirming homicidal death. The High Court affirmed the conviction. The Supreme Court held that the concurrent findings of fact based on credible eyewitness accounts and medical evidence do not warrant interference. (Paras 1-20) B) Evidence Law - Eyewitness Testimony - Credibility - The court examined the testimonies of PW-1, PW-2, and PW-5 and found them consistent and reliable despite minor discrepancies. The site plan and medical evidence corroborated the eyewitness accounts. The court held that the presence of the witnesses at the scene was natural and their testimony inspired confidence. (Paras 10-19) C) Criminal Procedure - Section 313 CrPC - Statement of Accused - The appellant's statement under Section 313 CrPC that the deceased was hit by firing from the informant's side was not supported by any evidence and was rightly rejected by the courts below. (Para 6)
Issue of Consideration
Whether the conviction of the appellant under Section 302 read with Section 34 IPC is sustainable based on the testimony of eyewitnesses and medical evidence.
Final Decision
Appeal dismissed. Conviction and sentence of life imprisonment under Section 302 read with Section 34 IPC upheld.
Law Points
- Appreciation of evidence
- eyewitness testimony
- medical evidence
- Section 302 IPC
- Section 34 IPC
- Section 313 CrPC
