Legal

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

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