Case Note & Summary
The appellants, Thomas Selvam and Suresh Anthony, were convicted by the Additional District and Sessions Judge, Dindigul, for offences under Sections 341, 302, and 506(II) IPC and sentenced to life imprisonment for murder. They appealed to the Madurai Bench of Madras High Court. The prosecution case was that on 17.06.2017, the deceased Rajkumar was attacked by four accused persons due to a civil dispute between families. The deceased succumbed to injuries the same day. The prosecution examined 14 witnesses, including PW1 to PW3, brothers of the deceased, who claimed to be eyewitnesses. The trial court convicted A1 and A2 based on their testimony. The High Court found that PW1 to PW3 were interested witnesses and their evidence suffered from material contradictions and improvements. The medical evidence did not corroborate the ocular version regarding the time of death and the nature of injuries. The recovery of weapons was not properly linked to the accused. The court held that the prosecution failed to prove guilt beyond reasonable doubt and set aside the conviction, acquitting the appellants.
Headnote
A) Criminal Law - Appreciation of Evidence - Interested Witnesses - Testimony of related witnesses must be scrutinized with caution and requires corroboration - The prosecution relied solely on the evidence of PW1 to PW3, who are brothers of the deceased and interested witnesses, and their testimony was found to be inconsistent and unreliable - Held that conviction cannot be based on such evidence without independent corroboration (Paras 10-15). B) Criminal Law - Murder - Section 302 IPC - Benefit of Doubt - Where the prosecution fails to prove guilt beyond reasonable doubt, the accused is entitled to acquittal - The medical evidence did not match the ocular version regarding the time of death and nature of injuries, and the recovery of weapons was not linked to the accused - Held that the appellants are entitled to benefit of doubt (Paras 16-20).
Issue of Consideration
Whether the conviction of the appellants under Sections 341, 302, and 506(II) IPC is sustainable based on the evidence of interested witnesses without independent corroboration.
Final Decision
The appeal is allowed. The conviction and sentence imposed on the appellants by the trial court are set aside. The appellants are acquitted of all charges. They are directed to be set at liberty forthwith unless required in any other case.
Law Points
- Appreciation of evidence
- Interested witnesses
- Corroboration
- Circumstantial evidence
- Benefit of doubt
