AIROnline 2025 SC 26

Supreme Court Of India

(From : AIROnline 2015 BOM 165)

Hon'ble Judge(s): Vikram Nath, Prasanna B. Varale , JJ

(A) Penal Code (45 of 1860) , S.302— Evidence Act (1 of 1872) , S.3— Murder - Testimony of related witnesses - Reliability - Accused and deceased had strained relations and while deceased and his son were returning from their field, accused person allegedly assaulted him to death using sticks - Testimonies of wife, daughter and son of deceased were consistent with respect to the accused persons being assailants - Presence of family members on the spot was well established - Minor inconsistencies would not undermine overall credibility of witness , especially when testimony is consistent with circumstances of crime and corroborated by medical evidence - Trial Court had erroneously discarded testimony of eye-witness and misconstrued medical evidence, leading to erroneous acquittal - Prosecution evidence, including accounts of eye-witnesses, medical reports and forensic findings, conclusively established guilt of accused - Same demonstrated a clear intent to cause grievous harm to victim - Reversal of acquittal was proper AIROnline 2015 BOM 165-AffirmedAIR 2021 SC 3532-Followed (Para 30 32 33 34 36 37 38 39 41 42 43 44 ....