IMPORTANT POINT
Murder – Conviction and sentence cannot be upheld where version of witnesses does not inspire confidence.

JUDGMENT :

(Abhay S. Oka, J.)

FACTUAL ASPECTS

1. The Trial Court has convicted the appellant for the offence punishable under Section 302 of the Indian Penal Code, 1860 (for short, ‘the IPC’). He was sentenced to undergo life imprisonment and to pay a fine of Rs.1,00,000/-. In default of payment of fine, he was sentenced to undergo rigorous imprisonment for six months. The conviction and sentence of the appellant have been confirmed in the appeal by the High Court of Kerala.

2. The allegation against the appellant is that on 31st December 2010, at about 11:45 am, he stabbed Ramakrishnan (deceased) with a knife. Grievous injuries were caused to the deceased as a consequence of which, he died. According to the case of the prosecution, there was previous enmity between the appellant and the deceased as he was involved in the murder of the appellant’s elder brother.

SUBMISSIONS

3. The learned counsel appearing for the appellant has taken us through the evidence of the prosecution witnesses. He submitted that the conviction is based on the testimony of two alleged eyewitnesses namely, Shaju (PW-4) and Suresh (PW-5). He submitted that another witness, Thressiamma (PW- 6), did not support the prosecution. He submitted that the evidence of PW-4 does not inspire confidence. His version that the appellant inflicted two to three stabs on the deceased is an omission. He submitted that even his statement that he had seen the incident from a distance of fifteen feet was an omission. Inviting our attention to the evidence of PW-6, he submitted that his allegation against the appellant of having inflicted two to three stab wounds on the deceased is an omission. He submitted that both eyewitnesses appear to be chance witnesses. He also submitted that even according to the version of these two witnesses, there were other eyewitnesses who were not examined by the prosecution. Therefore, an adverse inference deserves to be drawn.

4. The learned counsel appearing for the respondent-State of Kerala, relied on the testimony of PW-4, who stated that after he gave the first blow on the chest, the deceased fell on his chest. Thereafter, two to three blows were given. He submitted that this statement by PW-4 to the effect that the first blow was given by the appellant on the chest of the deceased was not an omission. The same is the case with the testimony of PW-5. He submitted that even assuming that there are few omissions and contradictions in the testimony of PW-4 and PW-5, the same are not material. Therefore, the entire story of the prosecution cannot be disbelieved. He relied upon the decision of this Court in the case of Edakkandi Dineshan alias P. Dineshan & Ors. v. State of Kerala, 2025 SCC OnLine SC 28. The learned counsel submitted that the evidence of both the eyewitnesses is believed by both the Courts. He submitted that as both of them supported the prosecution, chargesheet witnesses nos.12 and 14, who were also eyewitnesses according to the version of PW- 4 and PW-5, were not examined by the prosecution. The learned counsel appearing for the respondent-State submitted that as the evidence of PW-4 and PW-5 cannot be disbelieved, no interference can be made with the impugned judgments. He also pointed out that the recovery of the weapon of the offence and bloodstained cloths was made at the instance of the appellant.

CONSIDERATION OF SUBMISSIONS

5. We have perused the evidence of the prosecution witnesses. Firstly, we will deal with the evidence of PW-4. His version is that he is in the business of distributing newspapers in the morning, and he uses his motorcycle for that purpose. He stated that he used to collect newspaper bundles at 03:30 am and complete the distribution work by 06:30 am. He stated that the incident happened in front of the shop of one Joseph at about 11:45 am. At that time, he was coming by his motorcycle. He saw the appellant putting his hand over the neck of the deceased. The appellant pulled him down and stabbed him in his