Evidence of a related witness cannot be discarded; FIR is not an encyclopedia: SC

Supreme Court: R. Banumathi, J. speaking for herself and Ranjan Gogoi, J. dismissed a criminal appeal filed against the judgment of the Bombay High Court wherein the order of the trial court acquitting the appellants from the charges including Section 302 IPC was reversed.

According to the prosecution, the appellants and the deceased/prosecution witnesses were members of different political parties. On a fateful day, the appellants being armed with deadly weapons like sword, knife, motorcycle chain, etc., came to the house of the deceased; attacked him; and the deceased succumbed to injuries. The trial court rejected the evidence of all the witnesses on one count or another and acquitted the appellants. However, on appeal, the High Court reversed the order of the trial court and convicted the appellants under Sections 147, 148, 302 read with Section 149 IPC. This judgment was challenged by the appellants.

For adjudicating the matter, the Supreme Court carefully considered the record and discussed the witness evidence in detail. Following points of law are discernible from the discussion of the Hon’ble Court:

  • Witness evidence cannot be disbelieved simply because he did not react in a particular manner, each person reacts in his own way.
  • Relationship with the deceased is not, by itself, a ground for affecting the credibility of a witness.
  • FIR is not an encyclopedia which is expected to contain all the details of the prosecution case. It is not be rejected unless there are indications of fabrication in the FIR.

Further, on perusal of the record, the Court found that witness evidence was corroborated by the medical evidence and also by the recovery of weapons from the accused. It was observed that on an appeal against the acquittal, the paramount consideration is to avoid a miscarriage of justice. The Court was of the view that High Court correctly held that the trial court did not appreciate the evidence properly and its findings were perverse; the High Court was right in reversing the order of the trial court. Accordingly, conviction of the appellants was confirmed and the appeals were dismissed. [Motiram Padu Joshi v. State of Maharashtra,2018 SCC OnLine SC 676, decided on 10-07-2018]

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