Legal

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

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