A sole witness's testimony must be wholly reliable for conviction; inconsistencies and lack of corroboration can lead to acquittal.

JUDGMENT :

This is an appeal filed under Section 374(2) of the Code of Criminal Procedure, 1973 (Code).

2. The appellants are accused Nos.1 to 5 in S.C.No.2136 of 2008 on the files of the Sessions Court, Thiruvananthapuram. They were convicted as per judgment dated 03.03.2015 for the offences punishable under Sections 143, 147, 148, 308, 323 and 447 read with Section 149 of the Indian Penal Code, 1860 (IPC). They were sentenced to undergo various terms of imprisonment and also fine.

3. The incident occurred on 21.11.2004. It was at about 9.45 a.m. PW1 is the victim. He was washing his motorcycle at the courtyard of his house bearing door No.TC- 98/1082 situated in Thirumala Village. Accused persons, seven in number, after forming themselves into an unlawful assembly, criminally trespassed into that courtyard carrying deadly weapons. The 1^st accused beat PW1 using an iron rod. Accused Nos.2 to 7 struck and hit PW1 using bamboo sticks. He sustained injuries at various parts of his body. They did so out of previous enmity and in prosecution of their common object of committing culpable homicide.

4. On the said accusation, a charge for the offences punishable under Section 143, 147, 148, 323, 308 and 452 read with Section 149 of the IPC was framed. When read over and explained the charge, they pleaded not guilty. The prosecution has examined PW1 to PW7 and produced Exts.P1 to P13 to prove the charge. MO1 was identified as well. On the closure of the prosecution evidence, accused were questioned under Section 313(1)(b) of the Code. They denied the incriminating circumstances appeared against them in evidence. They claimed to be innocent and maintained that owing to political enmity, the case was foisted. No defence evidence was let in, except Ext.D1, which is a contradiction in the previous statement of PW3.

5. PW1, the injured, alone deposed about the incident. PWs.2 and 3 were examined as witnesses to the occurrence, but they denied having seen the incident. PW3 stated that he had hearsay information about the incident. The trial court believed the evidence of PW1 holding thatExt.P1, F.I.statement and medical evidence rendered sufficient support to his oral testimony. The appellants, who are accused Nos.1 to 5, alone were, however, found guilty and accusedNos.6 and 7 were found not guilty. The said conviction and consequential sentence are under challenge in this appeal.

6. Heard the learned counsel for the appellants and the learned Public Prosecutor.

7. PW1 sustained injuries and had undergone treatment at the General Hospital, Thiruvananthapuram. He was soon brought to that hospital and PW6, who was an Assistant Surgeon in the said hospital, had examined PW1 at about 10.20 a.m. the same day. Ext.P7 is the certificate issued by her. At the time of examination, PW1 had a lacerated wound at his scalp, abrasion on the left chest and a lacerated wound with bleeding and deformity at his right arm. He also complained of severe pain and limitation to movement of right upper arm. PW1 stated to PW6 the alleged cause of injuries that eight DYFI activists residing in the neighbourhood attacked him using bamboo sticks at about 9.45 a.m. on 21.11.2004. The opinion of PW6 in court was that she could not say exactly whether using MO1 bamboo stick the injuries of PW1 could be inflicted. However, from the versions of PW1 and PW6 it can be held that PW1 sustained the aforementioned injuries.

8. In order to prove that the appellants had attacked PW1 and inflicted those injuries is his oral testimony alone. PWs.2 and 3 are his neighbours. PW2 denied having seen the incident. Although he was cross-examined at length by the learned Public Prosecutor, he stuck to his stand. He denied having given statement before the police that he saw the incident also. Similarly, PW3 denied having given a statement to police that he saw the incident. He maintained that he was told about the incident by PW1 and when he visited PW1 at the hospital he had injuries on his body