EDWARDversusINSPECTOR OF POLICE, AANDIMADAM POLICE STATION

                  [2015] 2 S.C.R. 995


                      EDWARD                             A

                          v.
   INSPECTOR OF POLICE, AANDIMADAM POLICE
                  STATION
                                                         B
          (Criminal Appeal No. 707 of 2007)

                   MARCH 11, 2015

[PINAKI CHANDRA GHOSE AND R.K. AGRAWAL, JJ.)             C
     Penal Code, 1860: s.302- Land dispute between the
deceased and the accused persons - Appellant and other
accused persons attacked victim-deceased with deadly
weapons resulting in death of the deceased - Conviction
of accused uls.302 based on evidence of sole eye witness D ·
- High Court modified conviction to s.304 Part II - Appeal
against conviction - Held: No ground to doubt reliability of
evidence of sole eye witness - Facts proved presence of
accused with common intention to attack the deceased - E
Interference with the conviction not called for.

    Dismissing the appeal, the Court

     HELD: In the case of *Dal;p Singh vs. State of
Punjab, it was held that when feelings run high and F
there is a personal cause for enmity, there is a tendency
to drag in an innocent person against whom the
witness has a grudge but foundation must be laid for
such a criticism and each case must be judged and
governed on its own facts. In this case, there was no G
evidence for the eye-witness to be inimical towards the
accused. There was no ground to doubt the reliability
              ' provided by PW-3. Even if there is a .
of the evidence
                         995                            H
996        SUPREME COURT REPORTS                  [2015] 2 S.C.R.


A difference between ocular and medical evidence, it is
  clear from the facts that the accused were present there
  with the common intention to attack the deceased.
  Thus, a difference between ocular and medical
  evidence will not stand any ground in acquitting the
B accused in the present case. [Paras 8, 9 and 10] (999-
  G-H; 1000-A-D]

      Da/ip Singh and Ors. State of Punjab* 1954 (1) SCR
  145; Bipin Kumar Monda/ v. State of West Bengal (2011)
C (2010) 12 SCC 91: 2010 (8) SCR 1036 - relied on.

      State of Orissa v. Brahamananda Nanda (1976) 4 SCC
  288: State of Karnataka v. Venkatesh and Ors. (1992)
  Suppl.1 SCC 539: Harish Kumar v. State Delhi
D Administr~tion (1994) Suppl. 1 SCC 462 - referred to.
                          Case Law Reference

         (1976) 4 sec 288            referred to.     Para 5

         (1992) Suppl.1 sec 539      referred to.     Para 5
E
         (1994) Suppl. 1 sec 462     referred to.     Para 6

         1954 (1) SCR 145            relied on.       Para 8

         2010 (8) SCR 1036           relied on.       Para 9
F
         CRIMINAL APPELLATE JURISDICTION: Criminal
      Appeal No. 707 of 2007.

      From the Judgment and Order dated 16.03.2006 of the
G High Court of Judicature at Madras in Crl. Appeal No. 1540
  of 2002.
         M. N. Rao, Basant R., S. Thananjayan, Promila, Karthik
      Ashok for the Appellant.
H         M. Yogesh Kanna, Santha Kumaran, Vanitha C. Giri,
 EDWARD v. INSPECTOR OF POLICE, AANDIMADAM 997
               POLICE STATION

for the Respondent.                                             A
    The Judgment of the Court was delivered by

     PINAKI CHANDRA GHOSE, J. 1. These appeals have
been filed by accused persons against the judgment and
                                                                8
order dated 16.3.2006 passed by the Madras High Court
in Criminal Appeal No.1540 of 2002 by which the High Court
has dismissed the appeal filed by the appellants. The facts
of the case as narrated by the prosecution are briefly stated
as under:                                                       c
     2. The deceased Michaelraj and the accused persons
were residents of the same Village in Taluk Udayarapalayam
in District Perambalur. There was a land dispute between
Michaelraj and the accused persons on account of which D
there was enmity between them. Originally, the grand-
mother of the deceased Michaelraj executed a settlement
deed in favor of Michaelraj which was subsequently can-
celled. Thereafter, a portion of the property was executed
in favor of the appellant. Despite the settlement deed, the E
appellant claimed that his possession of property was dis-
turbed by the deceased and his relatives. Therefore, the ap-
pellant filed a suit against the deceased and his relatives.
The appellant further claimed that even though interim or-
ders were passed in the suit, Michaelraj and his relatives F
did not allow the appellant to enjoy his possession of the
property.

     3. On 10.12.1997 at around 7:30 p.m., when Michaelraj
along with his friend John Paul was returning from the G
house of his father-in-law, the appellant and other accused
persons attacked him with deadly weapons. This occurrence
was witnessed by John Paul (PW-1) and Anthoni Raj (PW-
3). The deceased sustained injuries and was taken to the
hospital in a serious condition. In the meantime, PW-1 went H
998      SUPREME COURT REPORTS                [2015} 2 S.C.R.


A to the Police Station and filed an FIR to PW-11. Subse-
  quently, a case was registered under Sections 147, 148,
  341, 324 and 307 of the Indian Penal Code ("IPC"). On
  14.12.1997, Michaelraj died at the hospital and thereafter
  the inspector of police (PW-12) altered the case into one
B under Section 302 of the IPC. PW-12 filed an application
  seeking police custody from the Court. On police custody,
  he obtained confession from the appellant, which led to the
  recovery of weapons, which were sent for chemical exami-
  nation. Thereafter, PW-14 took up the matter from PW-12
C and investigated the case further and filed a charge-sheet
  for offence under Section 302 of the IPC.

        4. The matter came up before the Trial Court, which
  after going through the evidence provided by the sole-eye-
D witness PW-3, concluded that the case of prosecution is
  proved beyond doubt and thereby convicted the accused
  under Sections 148, 149, 302 & 341 of IPC. Aggrieved by
  the judgment of the Trial Court, the accused preferred an
  appeal before the Madras High Court. The High Court vide
E its judgment and order dated 16.3.2006, partly allowed the
  appeal filed by the accused persons, convicted them un-
  der Section 304 Part II of IPC and sentenced them to rig-
  orous imprisonment for five years, stating that the doctor
F who treated the deceased was not examined and the docu-
  ments regarding the nature of treatment were not produced.
  Aggrieved by the said judgment and order passed by the
  High Court, the sole appellant is before us.

       5. We have heard the learned counsel appearing on
G behalf of the parties. Learned counsel appearing for the ap-
  pellant has relied on the case of State of 0,r-issa v.
  Brahamananda Nanda, (1976) 4 SCC 288, In which the
  entire ease of the prosecution rested on the oral evidence
H provided by an eye-witness, which was rejected by the High
 EDWARD v. INSPECTOR OF POLICE, AANDIMADAM 999
  POLICE STATION [PINAKI CHANDRA GHOSE, J.]

Court and simultaneously dismissed by this Court. The A
counsel for the appellant also relied on the case of State
of Kamataka v. Venkatesh and others, (1992) Suppl.1 SCC
539, in which it has been held by this Court that in absence
of reliable testimony and evidence, guilt of the accused
cannot be proved. The learned counsel contended that in B
the present case, there was no reliable evidence adduced
by PW-3 as he was the only witness providing evidence
against the accused and it can be further seen that PW-1
had turned hostile.
                                                              c
    6. Learned counsel for the appellant further relied on
the case of Harish Kumar v. State Delhi Administration,
(1994) Suppl. 1 SCC 462, in which it has. been held by this
Court that it was not given proper materials to examine the
nature of the treatment given to the deceased. The coun- D
sel stated that in the present case, the nature of treatment
given to the deceased by the doctors had not been recorded
and the deceased died four days after the occurrence of
the incident. So it cannot be concluded that the deceased
died exclusively due to the injuries.                        E

    7. Learned counsel for the Respondent on the other
hand, supported the impugned judgment passed by the
High Court.
                                                              F
     8. With regard to the contention of the counsel for ap-
pellant where he has stated that the single eye-witness is
inimical towards the accused, in the case cif Dalip Singh
and Ors. v. State of Punjab, (1954) 1 SCR 145, it has been.
held by this Court that, it is true when feelings run high and G
there is a personal cause for enmity, there is a tendency to ·
drag in an innocent person against whom the witness has
a grudge but foundation must be laid for such a criticism
and each case must be judged and governed on its own
facts. In this case we do not see any evidence for the eye- H
1000         SUPREME COURT REPORTS                 [2015] 2 S.C.R.


 A witness to be inimical towards the accused.

       9. In the case of Bipin Kumar Monda/ v. State of West
   Bengal, (2011) 2 sec (Cri) 150 =(2010) 12 sec 91, it has
   been held by this Court that there is no legal impediment
 B in convicting a person on the sole testimony of a single
   witness provided he is wholly reliable. In the present case
   there is no ground to doubt the reliability of the evidence
   provided by PW-3.

 c          10. Even if there is a difference between ocular and
       medical evidence, it is clear from the facts that the accused
       were present there with the common intention to attack the
       deceased. Thus, a difference between ocular and medical
       evidence will not stand any ground in acquitting tt)e accused
 o     in the present case.

        11. In view of the above discussion, we are of the con-
   sidered opinion that the facts and circumstances of the case
   do not warrant any interference by us in the matter. The
 E appeals lack merit and are accordingly dismissed.
       Devika Gujral                              Appeal dismissed.