AIROnline 2025 SC 5

Supreme Court Of India

(From : AIROnline 2011 KER 62)

Hon'ble Judge(s): Sudhanshu Dhulia, Prasanna B. Varale , JJ

(A) Penal Code (45 of 1860) , S.302, S.149— Evidence Act (1 of 1872) , S.3— Unlawful assembly and murder - Testimony of witnesses - Minor contradictions in - Accused persons carrying deadly weapons like, axe, dagger and chopper, assaulted sleeping victims at midnight causing their death - There was a long-standing rivalry between a political party and a social organisation, which led to violent clash - Accused launched deadly attack on group of 11 individuals who had sought refuge in a shed -Post-mortem reports confirmed that deaths were homicidal, caused by injuries to vital organs - Contradictions in testimonies of eyewitness were minor and their testimonies were otherwise truthful and reliable - Additionally, omission of specific details, like term "police jeep", was not a material omission - Minor contradictions would not necessarily invalidate entire prosecution case, particularly when supported by credible evidence such as medical reports and weapon recovery - Testimony of witnesses was reliable - Conviction was proper Maxims - Falsus In Uno - Falsus In Omnibus - Means False In One Thing - False In Everything - Is Foreign To Indian Criminal Law JurisprudenceAIROnline 2011 KER 62-AffirmedAIR 1999 SC 3544-FollowedAIR 2023 SC 5644-Followed (Para 12 13 14 15 16 ....