The decision affirms that eyewitness accounts, despite contradictions, can substantiate a conviction for homicide under IPC.

O R D E R

1. This appeal has been preferred by the appellants challenging the judgment and order dated 19^th March, 2013 passed by the High Court of Andhra Pradesh in Criminal Appeal No. 165 of 2008 by partly allowing the appeal filed by the State and convicting the appellants namely accused Nos. 1 and 4 (A-1 and A-4) under Section 302 of the Indian Penal Code , 1860 and sentencing them to undergo life imprisonment, thereby overturning the order of acquittal rendered by the Trial Court.

2. We have heard the learned counsel for the parties.

3. Both the appellants have been arrayed as A-1 and A-4 having been charged for the offence punishable under Section 302 of the Indian Penal Code , 1860 (hereinafter referred to as ‘ IPC ’).

Signature Not VerifiTedhe Trial Court on examination of the witnesses, especially, Digitally signed by SWETA BALODI Date: 2025.03.19

11:42:13 IST PWs 1 to 5 being the eye-witnesses was pleased to render an Reason:

order of acquittal against the appellant and the other co- accused. The appellant and the co-accused have also been charged for the offences punishable under Section 149 of the IPC .

4. The High Court by way of the impugned judgment and order by placing reliance on the substantial evidence of PWs- 1 to 5 along with the effected recovery, was pleased to overturn the order of acquittal rendered by the Trial Court.

5. Learned counsel appearing on behalf of the appellants submitted that the Trial Court did take into consideration the material contradictions in the evidence of PWs -1 to 5, though they are all eye witnesses, a fact which is inclusive of the statement as deposed by PW-1 who is an injured eye witness. However, when it comes to the specific overt act attributed to the appellants, they have all given different versions.

6. Learned counsel further submitted that there is serious doubt about the origin of the First Information Report as PW-10, the Police Officer, who registered the complaint stated that it was done at 6:00 PM. While on the other hand Exhibit-10, which is the injury certificate, shows that the witnesses were examined at 5:25 PM. PW-10 in his statement submitted that the deceased was brought to the police station, first by the injured witnesses and thereafter, they were directed to go to the hospital. The appellant’s counsel prays for an acquittal and alternatively, in the written submissions filed on behalf of the appellants, it has been submitted that the matter in question, at the most, might come within the purview of Section 304 Part-I of the IPC , as admittedly, the deceased was first taken to the police station, which was only one kilometer away from the place of the incident and subsequently, he passed away. It is submitted that, had the deceased been taken to the hospital first, he could have possibly survived.

7. Learned counsel appearing on behalf of the respondent-State submitted that the witnesses did speak about the involvement of the appellants in the aforesaid crime. The High Court, accordingly, took into consideration the aforesaid fact along with the effected recovery. It is not in dispute that the victim died of homicide. The post mortem report also substantiated the aforesaid fact. The High Court had considered all of these relevant aspects and rendered the conviction accordingly. Therefore, this Court’s interference is not required.

8. Insofar as the acquittal sought for by the learned counsel for the appellants is concerned, we find no reason to grant the same. Though there are some contradictions in the evidence of the witnesses, they did depose about the involvement of the appellants including their specific overt act. Some of the witnesses also spoke about the collective involvement of the appellants in committing the said offence.

9. The occurrence took place during the day, in the presence of number of witnesses. The eye-witnesses also include PW-1, an injured eye-witness. Therefore, we have come to the conclusion that their presence at the scene of the