IMPORTANT POINT
Where eye witnesses in murder case were consistent in their evidence and their testimony was found credit worthy, mere fact of their relationship itself was not sufficient to discredit their evidence.

Headnote:Indian Penal Code, 1860—Section 302/149—Out of twenty eight accused tried for various offences seventeen were convicted for committing murder of two persons of rival political group in village by causing assault on deceased in their houses and causing instantaneous death—Appeal—PWs 1 and 2, wife and daughter of 1st deceased were eye witnesses and PWs 6 and 7 children of second deceased claimed to be eye witnesses—Though witnesses were near relations, mere fact of their relationship itself was not sufficient to discredit their evidence— They all were residents of same house and their presence could not be doubted—All accused were known to witnesses and there could not have been any case of mistaken identity—Consistent version of all eye witnesses about the assault—Medical evidence satisfactorily proved that two deceased sustained series of injuries resulting in their death—Motive was also spoken of by witnesses—No delay in dispatch of FIR to Magistrate and all such facts inspired confidence in prosecution case—When witnesses spoke of incidents consistently and gave meticulous evidence corroborated by other evidence, possibility of false implication could be ruled out—Conviction called for no interference. (Paras 5 to 12)

JUDGMENT

K.G. Balakrishnan, J.—Twenty eight accused were tried by the Additional Sessions Judge, Hindupur for various offences and the Sessions Judge convicted A-1 to A-7, A-9 to A-14, A-16 and A-21 to A-23 for the offence punishable under Section 302 read with Section 149 IPC and sentenced them to suffer imprisonment for life. However, A-8, A-15, A-17 to A-20, A-24 to A-28 were acquitted. The second accused contended to be a juvenile at the time of commission of the crime and filed a separate appeal before the High Court. His conviction and sentence was stayed and the matter was remitted for fresh trial.

2. The High Court, in an appeal preferred by the convict-accused confirmed the conviction and sentence entered by the Sessions Court. They have filed the two instant appeals before this Court.

3. Brief facts of the case giving rise to these appeals are thus. There were two political groups in a small village by name Susankota. One group was under the leadership of Narasimha Reddy who had at some time been the Village Administrative Officer. The other political faction was under Narasimha Reddy alias Appaiah. The appellants in this case are the followers of Appaiah. The prosecution case was that on 10.12.1997 PW-1 Ramalakshmamma and PW-2 Sreelatha, wife and daughter of deceased Sanjeeva Reddy were sleeping on the ground floor of their house. While PW-4 is the elder brother, PW-6 and PW-7 are the children of deceased Narsimha Reddi. On the date of the incident i.e. 10.12.1997, at about 2.30 AM, PW-1 to PW-3 heard some noise outside their house. They woke up and saw A-1 to A-9 and other accused trespassing into their house by breaking open the doors. They dragged deceased Sanjeeva Reddy into the hall and then A-1, A-2, A-6 and A-4 caused various injuries to him. It is also alleged that A-1 drenched a piece of ‘banian’ (undervest) with kerosene, lit the same and threw it on the body of Sanjeeva Reddy, who died instantaneously. The accused who had trespassed into the house, also caused damage to the household articles.

4. PW-6 and PW-7 who are the children of deceased Narsimha Reddy deposed that on hearing the noise outside their house, they opened the front door of the house and saw their father deceased Narsimha Reddy running to his bedroom and closing the door. However, the accused persons broke open the door of the room and killed Narsimha Reddy. Though PWs 6 and 7 tried to intervene, they were attacked by A-1, A-3, A-5, A-6, A-13 and A-21. Deceased Narasimha Reddy was attacked by all the accused persons and he died on the spot. There is also an allegation that after causing these two murders, the accused went to the house of PW-8 and committed mischief in his house and later the accused went to the houses of PWs-11, 12 and 14 and caused damage to the household articles. It is alleged that earlier on the same day, leader of the Appaiah group had been killed on the outskirts of Susankota village. The news of this murder spread quickly and according to the prosecution the accused persons, who belonged to his group, unleashed a reign of attacks on the opposite group and caused the death of Sanjeeva Reddy and Narasimha Reddy. Previously also there were some criminal assaults by the rival groups against each other and cases are said to have been pending before First Class Judicial Magistrate, Hindupur. Proceedings under Section 107 of the Cr.P.C. were said to have been pending before the Sub-Judicial Magistrate, Penukonda. According to prosecution when Appaiah was returning to the village alongwith one Nanjireddy (A-19), they were way-laid and attacked. Appaiah died on the spot but Nanjireddy escaped unhurt and he gave the news to his followers whereafter the present incident happened resulting in the death of the two deceased persons, namely Sanjeeva Reddy and Narsimha Reddy.

5. To prove the murder of Sanjeeva Reddy, evidence of PWs 1 to 5 has been relied upon. Of course, all the five witnesses are closely related to deceased-Sanjeeva

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Judicial Analysis

SupremeToday

2006 Supreme(SC) 303

IMPORTANT POINTWhere eye witnesses in murder case were consistent in their evidence and their testimony was found credit worthy, mere fact of their relationship itself was not sufficient to discredit their evidence.

Judicial Analysis

IMPORTANT POINT
Where eye witnesses in murder case were consistent in their evidence and their testimony was found credit worthy, mere fact of their relationship itself was not sufficient to discredit their evidence.