Eyewitness Testimony Of Deceased's Family Member Cannot Be Discarded If Cogent, Credible & Reliable: Supreme Court

The Court said that the evidence of the eye witness cannot be discarded only because an eye witness is a member of the deceased’s family.

The bench of Justice Abhay S. Oka and Justice Pankaj Mithal observed, “Only because an eye witness is a member of the deceased's family, per se, the evidence of such a witness cannot be discarded. If the evidence of an eyewitness who is a close relative of the deceased is cogent, reliable and credible, it can always be relied upon.”

Brief Facts-

The appellant­ accused no.2 has been convicted for the offences punishable under Sections 148 and 302 of the Indian Penal Code, 1860. There were eleven accused who were charged with the murder of one deceased by hacking him with hunting sickles. The accused were charged with offences punishable under Sections 120­B, 148 and 302 of the IPC. The trial Court found that the charge under Section 120­B of the IPC has not been proved against any accused.

The Court observed that both PW-2 and PW-3 were consistent in describing the accused's role in their testimonies. Upon reviewing their cross-examinations, the Court found no significant contradictions or omissions.

The Court noted that PW­1 and PW­3 were closely related to the deceased and it found their testimonies reliable after meticulously examining them. The Court also found no material contradictions or omissions on record in their cross-examination.

The Court further noted that evidence from the medical officer who conducted the post-mortem who opined that the injuries could have been caused by hunting sickles after the seized hunting sickles were shown to him.

Accordingly, the Court said that there is no reason to disturb the judgments of the trial Court and the High Court.

Finally, the Court dismissed the appeal.