Important Points
Relationship is not a factor to affect the credibility of a witness.
The maxim “falsus in uno falsus in omnibus” has no application in India.

Judgment

Dr. Arijit Pasayat, J. —

1.Leave granted.

2.Appellants question correctness of the Judgment rendered by a Division Bench of the Andhra Pradesh High Court.

3.Sixteen persons including the appellants faced trial for alleged commission of offences punishable under Sections 147,148, 448 read with Sections 149, 302 read with Section 149 and Section 324 read with Section 149 of the Indian Penal Code, 1860 (in short the ‘IPC’) Learned III Additional Sessions judge, Karimnagar for each one of them guilty. In appeal, High Court upheld the conviction of A1, A3, A7 to A9, A12 and A13 and sentence of imprisonment for life as imposed by the trial court. Rest of the accused persons were acquitted. The present appeals are by A7 to A9 and A 13.

4.Background facts in a nutshell are as follows :

PW-1 is the wife,. PW-2 is the father, PW-3 is the mother, PW-4 is the brother and PW-5 is the sister-in-law of the deceased. The accused, deceased and the material witnesses are residents of Neerukulla village. The deceased purchased an Auto and was plying in between Sulthanabad and Neerukulla. On 02-07-2003 at about 9-00 PM, the deceased returned to his house from Sulthanabad and informed PWs.1 to 3 that when he requested A-1 and A-2 to travel in his Auto as per the serial number, they refused to travel in his Auto and beat him. On 03-07-2003 morning, PW-1 and the deceased went to the house of the Sarpanch and raised a dispute. ‘The Sarpanch called A-1-and informed about the incident. A-1 admitted his guilt in the presence of PWs.9 and 10. On the same day at about 6-00 PM, A-1 to A-16 came to the house of the deceased and attacked him. A-1 beat the deceased with a stick. The deceased ran into the house and bolted the door. In the meanwhile, when PW-2 intervened to rescue the deceased, A-1 beat him with a stick. A-3 broke the doors and all the accused entered the house and beat the deceased. Some of the accused were armed with iron rods and axes. They beat the deceased indiscriminately. Then the deceased ran out from the house. The accused chased and beat him indiscriminately. Finally, the deceased fell down at the Gram panchayat office on receipt of the injuries. Later, the deceased was taken in an Auto to the Government Hospital, Sulthanabad. On the advise of the Doctor, they went to the Police Station and gave Ex P-1 report. On the basis of Ex.P-1, the police registered a crime for the offences under Sections 147, 148, 448, 307, 327 read with 149 of I.P.C. Thereafter, the deceased and PW-2, who received injuries, were referred to the Government Hospital, Karimnagar. The deceased, while undergoing treatment, succumbed to the injuries. After the death of the deceased, the Sections of law were altered in the crime through the alteration memo. The Inspector of Police took up investigation, prepared the rough sketch, observed the scene of offence, held inquest over the dead body of the deceased, seized M.Os.1 and 2 and later sent the dead body for postmortem examination. The accused were arrested and weapons were recovered. After completion of the investigation, the police laid the charge sheet. The accused denied the charges and claimed for trial. The prosecution, in Order to prove the guilt of the accused, examined PWs.1 to 22 and marked Exs.P-.1 to P-39. On behalf of the defence, no oral evidence was adduced, but Ex.D-1, a portion of Section 161 Cr.P.C. statement of PW-3 was marked.

5.High Court by a common Judgment disposed of four appeals numbered as Criminal Appeal Nos. 1114, 1128, 1130 and 1155 of 2005.

6.In support of the appeals learned counsel for the accused persons submitted that the conviction is based primarily on the evidence of witnesses who were related to the deceased. Further the accusations even if accepted in toto do not make out a case relatable to Section 302 IPC.

7.Learned counsel for the respondent State on the other hand supported the Judgments of the Courts below.

8.In regard to the interestedness of the witnesses for furthering