Can a murder conviction under Sections 302 and 149 IPC be sustained solely on the contradictory testimony of an interested eyewitness without independent corroboration?

 

Summary

Category Data
Court Supreme Court of India
Case Number Crl.A. No.-003647-003648 – 2025
Diary Number 15721/2022
Judge Name HON’BLE MR. JUSTICE VIPUL M. PANCHOLI
Bench HON’BLE MR. JUSTICE VIPUL M. PANCHOLI
Precedent Value Binding
Overrules / Affirms Affirms settled principles
Type of Law Criminal Law
Questions of Law Whether conviction under Sections 302 read with 149 and 148 IPC can be sustained on the sole testimony of an interested witness with material contradictions and without independent corroboration.
Ratio Decidendi
  1. The sole testimony of an interested witness, if beset with material contradictions and uncorroborated by independent evidence, cannot sustain a murder conviction under Sections 302 and 149 IPC.
  2. Non-examination of a key informant (the granddaughter) and hostile independent witnesses critically undermined the prosecution’s ocular case.
  3. Medical evidence that fails to attribute specific injuries to the weapons seized cannot be treated as reliable corroboration.
  4. Production of weapons via accused statements under Section 27 Evidence Act requires credible support from independent witnesses.
  5. Where proof beyond reasonable doubt is not established, conviction must be set aside.
Logic / Jurisprudence / Authorities Relied Upon by the Court
  • Close scrutiny of interested/related witness testimony
  • Requirement of independent corroboration for ocular evidence
  • Evaluation of medical evidence in relation to seized weapons
Facts as Summarised by the Court On 14.07.2010, the informant’s son was allegedly assaulted near a pond by seven accused with lathis and stones; FIR under Section 302/34 IPC was lodged. The trial court convicted them under Sections 302 read with 149 and Section 148 IPC; the High Court affirmed; appeal to the Supreme Court was filed challenging reliance on uncorroborated eyewitness evidence.

Practical Impact

Category Impact
Binding On All subordinate courts
Persuasive For High Courts

What’s New / What Lawyers Should Note

  • The Court quashed a murder conviction based solely on the testimony of an interested witness whose deposition contained material contradictions.
  • Non-examination of the key informant (granddaughter) critically undermined the prosecution’s ocular case.
  • Medical evidence that does not specify which weapon caused which injury cannot be treated as reliable corroboration.
  • Production of weapons under Section 27 Evidence Act must be supported by independent, credible testimony.
  • Reinforces that proof beyond reasonable doubt is mandatory and cannot rest on uncorroborated or internally inconsistent testimony.

Summary of Legal Reasoning

  1. PW-4 (mother of the deceased) was the only eyewitness but gave contradictory accounts about how and by whom the injuries were inflicted.
  2. The granddaughter who first notified PW-4 was not examined, and independent witnesses (PW-1, PW-2, PW-3) turned hostile.
  3. Investigating Officer (PW-8) testified to seizure of seven sticks and one stone, but no independent witness corroborated the procurement.
  4. Medical expert (PW-7) found three incise wounds but did not attribute them specifically to the seized stone or sticks.
  5. In light of these inconsistencies and lack of corroboration, conviction could not stand beyond reasonable doubt.

Arguments by the Parties

Petitioners (Accused)

  • PW-4’s testimony was of an interested witness and contained material contradictions.
  • Granddaughter who first saw the assault was not examined.
  • Independent witnesses turned hostile and did not support seizure or ocular account.
  • Medical evidence failed to link specific weapons to injuries.
  • Prosecution did not prove guilt beyond reasonable doubt.

Respondent (State)

  • PW-4 was an eyewitness who detailed the assault.
  • Medical evidence corroborated the eyewitness account.
  • Investigating Officer produced weapons said to be used.
  • No motive for PW-4 to falsely implicate the accused.
  • Trial and High Court correctly convicted under Sections 302/149 and 148 IPC.

Factual Background

On 14.07.2010 at about 9:00 AM a grandson informed his grandmother (the informant) that persons belonging to caste-Teli were assaulting the informant’s son by a pond. The informant reached the scene to find her son tied and being battered with lathis and stones; he later died. FIR was lodged under Section 302 read with Section 34 IPC. After trial, the accused were convicted under Sections 302 read with 149 and 148 IPC; their appeals in the High Court were dismissed, leading to this Supreme Court appeal.

Statutory Analysis

  • Section 302 IPC: Punishment for murder.
  • Section 149 IPC: Liability of every member of an unlawful assembly for offences committed in prosecution of common object.
  • Section 148 IPC: Rioting, armed with deadly weapon.
  • Section 506(b) IPC (additional charge against one accused): Criminal intimidation by threat to cause death or grievous injury.

Alert Indicators

  • Precedent Followed – The judgment reaffirms the settled requirement of independent corroboration for the testimony of interested witnesses before sustaining a conviction.

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