PAULMELI AND ANR.versusSTATE OF TAMIL NADU TR. INSP. OF POLICE

                         [2014] 6 S.C.R. 420


A                       PAULMELI AND ANR.
                                   v.
          STATE OF TAMIL NADU TR. INSP. OF POLICE
               (Criminal Appeal No.1636 of 2011
                            MAY 23, 2014
B
            [DR. B.S. CHAUHAN AND A.K. SIKRI, JJ.]

        Penal Code, 1860 - S. 302 - Murder - Allegation that two
  accused along with others unlawfully assembling together with
C a common object to murder the victim - Indiscriminate cuts
  caused over his body using aruval resulting in his death -
  Injuries to sons of victim, who tried to intervene - Conviction
  of two accused for offence punishable u/s 302 by the courts
  below - Interference· with - Held: Not called for - Injuries found
D on the person of the deceased duly supported by medical
  evidence as well as corroborated by the deposition of PW-1
  - FIR was lodged promptly - PW 2 turned hostile but
  supported the case of the prosecution with regard to one of
  the accused, thus, his evidence is reliable - There was
E sufficient light and PW 1 could identify the accused being
  closely related and well known even in the darkness - Further,
  there is it cannot be said that on the basis of the same
  evidence, 15 accused persons had been acquitted, the
  present accused could not have been convictE!d - Evidence.
F        Witness - Non-cross-examination on a particular issue
    - Effect of - Held: When question is not put to the witness in
    cross-examination who could furnish explanation on a
    particular issue, the correctness or legality of the said fact!
    issue could not be raised.
G
        W;tness - Hostile witness - Evidentiary value of - Held:
    Evidence of hostile witnesses cannot be discarded as a whole
    - Relevant parts which are admissible in law, can be used by
    prosecution or defence.
H                                420
  PAULMELI AND ANR. v. STATE OF TAMIL NADU TR.               421
                INSP. OF POLICE
      Evidence - Residue evidence - Effect of - Held: Even           A
if major portion of the evidence is found to be deficient, in
case residue is sufficient to prove guilt of an accused, it is the
duty of the court to 'separate grain from chaff - Falsity of
particular material witness or material particular would not ruin
it from the beginning to end - Maxim falsus in uno falsus in         B
omnibus-false in one thing, false in everything has no
application in lnaia - Maxims.

       It is alleged that on account of enmity between the
  parties, 'R' murdered three persons. Twenty years later            C
 seventeen pers6ns including appellants unlawfully
  assembled together with a common object to murder 'R'
  and went to the house of 'R'. They caused indiscriminate
  cut over his body using aruval which resulted in his
  death. 'R's, two sons intervened and they also sustained
. injuries. FIR was lodged. Investigations were carried out.         D
  The trial court acquitted all the accused. Thereafter, in a
  fresh trial, the trial court acquitted all the accused except
  the appellants-A-5 and A-7 who were convicted for the
  offences punishable under Section 302 IPC and
  sentenced them accordingly. The High Court upheld the              E
  order. Hence, the instant appeal.

     Dismissing the appeal, the Court

     HELD: 1.1. In the instant case, PW.1-wife of
                                                                     F
deceased, in the FIR, in her statement under Section 161
Cr.P.C. and in her deposition in the court, had specifically
named both the appellants, even though she had named
other persons also. The appellants had been known to
the said witness for a long time as they were closely
related. There was sufficient light as per the evidence on           G
record even otherwise there can be no difficulty to
recognise so closely related persons even in darkness.
The injuries found on the person of the deceased are
duly supported by medical evidence as well as got
corroborated by the deposition of PW 1. The concurrent               H
   422      SUPREME COURT REPORTS            [2014] 6 S.C.R.

A findings have been recorded by the courts below in this
  regard. There is no force in the submissions that the
  injuries attributed to the appellants could not be caused
  by Aruval as the findings recorded by the trial coud: in
  this regard is that all injuries may be caused by the attack
B of Aruval. [Para 10] [431-E-G]

       1.2. In case the question is not put to the witness in
  cross-examination who could furnish explanation on a
  particular issue, the correctness or legality of the said
  fact/issue could not be raised. In the instant case, in
C respect of the injuries found on the person of the
  deceased, questions have not been put to the doctor who
  conducted the postmortem when he appeared in the
  witness box. In fact, he was the only competent person
  who could have furnished the explanation for all such
D issues. [Para 11] [432-8-D]

      Atluri Brahmanandam (0) Thr. LRs. v. Anne Sai Bapuji
  AIR 2011 SC 545: 2010 (14 ) SCR 339; Laxmibai (dead) Thr.
  L.Rs. & Anr. v. Bhagwantbuva (dead) Thr. L.Rs. & Ors. AIR
E 2013 SC 1204: 2013 (1) SCR 632 - relied on.

       1.3. In respect of the deposition of PW 3, the
  submission that he may not be a trustworthy witness as
  he is not an independent witness, has no force. His
F evidence revealed that he reached the place after the
  incident was. over and he saw the accused people
  leaving the place of occurrence. Had he not been a
  truthful witness he could have definitely improved his
  version and could depose describing the overt acts of
  the appellants. [Para 12] [432-E-F]
G
       1.4. As regards the issue of presence of light at the
  place of occurrence at the relevant time, the trial court
  recorded the findings to the fact that there was sufficient
  light. The High Court re-appreciated the evidence and
H came to the conclusion that admittedly there was light in
  PAULMELI AND ANR. v. STATE OF TAMIL NADU TR         423
                INSP. OF POLICE

the facet of the house and there was also street light       A
illuminating the place of occurrence. Even in the
observation Mahazar, the light has been shown. The
evidence of PW.19, wireman of Electricity Board, was
examined to prove the fact that at the relevant point of
time, the electricity was in supply at the place of          8
occurrence. There is some discrepancy in the statement
of PW.1 in this regard but she might have not been able
to give exact specific account being an illiterate village
woman and as the appellants have not been strangers,
there could be no difficulty for her to identify the         c
appellants even in the darkness. [Para 13] [432-G-H; 433-
A-B]

    1.5. The trial court recorded the finding that the FIR
had been lodged promptly. The High Court reappreciated
the full particulars as under what circumstance the FIR      0
had been lodged. Thus, there can be no doubt that the
FIR had been lodged promptly. [Para 14) [433-C, G]

     1.6. The evidence of a hostile witness cannot be
discarded as a whole, and relevant parts thereof which       E
are admissible in law, can be used by the prosecution or
the defence. PW.2 supported the case of the prosecution
so far as the present appellants are concerned. He was
declared hostile when he did not name the other
accused, who stood acquitted by the courts below and         F
there could be no difficultly to accept his deposition to
that extent. [Paras 15 and 17] [433-H; 434-A, E]
    Ramesh Harijan v. State of UP. AIR 2012 SC 1979:
2012 (6 ) SCR 688; State of UP. v. Ramesh Prasad Misra
& Anr. AIR 1996 SC 2766: 1996 ( 4 ) Suppl. SCR 631;          G
Sarvesh Narain Shukla v. Daroga Singh & Ors. AIR 2008 SC
320: 2007 (11 ) SCR 300; Subbu Singh v. State by Public
Prosecutor (2009) 6 SCC 462: 2009 (7 ) SCR 383; C.
Muniappan & Ors. v. State of Tamil Nadu AIR 2010 SC 3718:
                                                             H
   424      SUPREME COURT REPORTS              [2014] 6 S.C.R.


A 2010 (10 ) SCR 262; Himanshu @ Chintu v. State (NCT of
  Delhi) (2011) 2 sec 36: 2011 (1 ) SCR 48 - relied on.

      1.7. There is no force in the submission that in case
  on the basis of the same evidence, 15 accused persons
  had been acquitted, the appellants could not have been
8
  convicted, for the reason that there may be some
  exaggeration in depositions of the prosecution
  witnesses. The courts below had not accepted the
  evidence to that extent and have given benefit of doubt.
C [Para 18] [435-A-B]

       1.8. Even if major portion of the evidence is found to
  be deficient, in case residue is sufficient to prove guilt of
  an accused, it is the duty of the court to separate grain
  from chaff. Falsity of particular material witness or
D material particular would not ruin it from the beginning
  to end. The maxim falsus in uno falsus in omnibus (false
  in one thing, false in everything) has no application in
  India and the witness cannot be branded as a liar. In case
  this maxim is applied in all the cases it is to be feared that
E administration of criminal justice would come to a dead
  stop. Witnesses just cannot help in giving embroidery to
  a story, however, truth is the main. Therefore, it has to be
  appraised in each case as to what extent the evidence is
  worthy of credence, and merely because in some
F respects the court considers the same to be insufficient
  or unworthy of reliance, it does not necessarily follow as
  a matter of law that it must be disregarded in all respects
  as well. [Para 22] [436-C-F]

       Balka Singh & Ors. v. State of Punjab AIR 1975 SC
G 1962: 1975 ( 0 ) Suppl. SCR 129; Zwinglee Ariel v. State of
  Madhya Pradesh AIR 1954 SC 15; Sukhdev Yadav & Ors.
  v. State of Bihar AIR 2001 SC 3678: 2001 ( 3 ) Suppl. SCR
  91; Appabhai & Anr. v. State of Gujarat AIR 1988 SC 696:
  1988 Suppl. SCC 241; Sucha Singh v. State of Punjab AIR
H 2003 SC 3617: 2003 (2 ) Suppl. SCR 35 - relied on.
  PAULMELI AND ANR. v. STATE OF TAMIL NADU TR.            425
                INSP. OF POLICE
                     Case Law Reference:                        A
    AIR 2011 SC 545           Referred to        Para 11
    AIR 2013 SC 1204          Referred to        Para 11
    AIR 2012 SC 197-9         Relied on          Para 16        B
    AIR 1996 SC 2766          Relied on          Para 17
    AIR 2008 SC 320           Relied on          Para 17
    (2009) 6 sec 462          Relied on          Para 17
                                                                c
    AIR 2010 SC. 3718         Relied on          Para 17
    (2011) 2 sec 36           Relied on          Para 17
    AIR 1975 SC 1962          Relied on          Para 19
    AIR 1954 SC 15                               Para 19        D
                              Relied on              ..
    AIR 2001 SC 3678          Relied on          Para 20
    AIR 1988 SC 696           Relied on          Para 21
    AIR 2003 SC 3617          Relied on          Para 22        E
    CRIMINAL APPELLATE JURISDICTION: Criminal Appeal
No.1636 of 2011.

    From the Judgment and Order dated 06.10.2009 in
Criminal Appeal (MD) No. 540 of 2008 of the High Court of       F
Tamil Nadu, Madurai Bench of the Madras.

    Shirin Khajuria for the Appellants.

    M. Yogesh Kanna for the respondent.
                                                                G
    The Judgment of the Court was delivered by

     DR. B.S. CHAUHAN, J. 1. This appeal has .been
preferred against the impugned judgment and order dated
6.10.2009, passed by the High Court of Tamil Nadu (Madurai      H
    426       SUPREME COURT REPORTS               [2014] 6 S.C.R.


A Bench) in Criminal Appeal (MD) No.540 of 2008 affirming the
  judgment and order dated 18.11.2008, passed in Sessions
  Case No.18 of 2001 by the Addi. District & Sessions Judge
  (Fast Track Court),,Ramanathapuram by which and whereunder
  the appellants had been convicted under Section 302 of the
B Indian Penal Code, 1860 (hereinafter referred to as 'iPC') and
  awarded life imprisonment and a fine of Rs.2,000/- each, and
  in default to undergo further RI for six months.

          2. The prosecution case is as under:

C       A. That about 20 years ago, one Vellaimmal (PW.17, blind
  and deaf), daughter of Paulmelie Thevar, got married to one
  Arumugam and a daughter was born out of the said wedlock.
  The said Arumugam deserted his wife Vellaimmal and married
  another lady which resulted in enmity between the two families.
D Arumugam assaulted Vellaimmal and her family. As a
  consequence, Ramasamy, the uncle of Vellaimmal, with whom
  she had started living after being deserted by her husband
  allegedly murdered Arumugam, Ramu Thevar and Laxmana ·
  Thevar in the year 1981.
E
        B. After a gap of about 20 years of the said incident
  happened in the year 1981, it was alleged that on 30.7.1999,
  17 persons including the two appellants unlawfully assembled
  together with a common object to murder Ramasamy and they
  came at his house at about 9 P.M. when he was sleeping on a
F cot outside his house. The accused encircled him and caused
  indiscriminate cuts over his body using an Aruval which caused
  instantaneous death. In order to save Ramasamy, his two sons,
  namely Paulmeli and Vijayasamy intervened and they also got
  injuries. After committing the offence, accused persons ran
G away. The matter was reported to the police by one Mr. Setu
  Raman to Mr. Gandhi (PW.16), the Head Constable of
  Viracholan Police Station. However, as the incident occurred
  outside the territorial jurisdiction of the said police station, the
  said Setu Raman informed the Inspector of Parthi Banoor
H
   PAULMELI AND ANR. v. STATE OF TAMIL NADU TR.              427
       INSP. OF POLICE [DR. B.S. CHAUHAN, J.]

Police Station at about 11 P.M. who went to the place of A
occurrence and recorded the statement of Malliga (PW.1 ), wife
of deceased. On the basis of the same, an FIR was registered
under Sections 147, 148, 324, 326, 307 and 302 of the Indian
Penal Code, 1860 (hereinafter referred to as 'IPC') in the
morning of next day at 7.30 AM., wherein 17 accused persons B
including two appellants had been named. The dead body was
sent for post-mortem and the two sons of the deceased were
medicaUy.~xam[IJ1d,..,Th~ accused were taken into custody on
different dates an'd ~on thi:ilr dis-closure statement, recoveries •..
were made. After completing the investigation, chargesheet          c
was filed against 17 accused persons and the case was
committed to the Sessions Court. The Trial Court vide judgment
and order dated 27.11.2001 acquitted all the accused.

     C. Aggrieved, the complainant Vijayasamy, son of
deceased challenged the said order of acquittal by filing           D
Criminal Revision No.274 of 2004 before the Madras High
Court (MD) which was allowed and the Sessions Court was
directed to have the trial afresh.

       D. In a fresh trial, prosecution led the evidence wherein    E
  Malliga (PW.1) supported the case of the prosecution. Paulmeli
  (PW.2), the injured did not support the case and thus was
  declared hostile. Another injured Vijayasamy, son of deceased
  was not examined by the prosecution. Thus, relying upon the
, evidence of Mallinga (PW.1 ), the Trial Court vide judgment and   F
  order dated 18.11.2008 acquitted all the accused except the
  appellants Paulmeli (A.5) and Chockaiah (A.7) who were found
  guilty for the offences punishable under Section 302 IPC and
  sentenced them as referred to hereinabove.

    E. Aggrieved, the appellants preferred the appeal before        G
the High Court which has been dismissed vide impugned
judgment and order dated 6.10.2009.

     Hence, this appeal.                                                 •
                                                                    H
    428       SUPREME COURT REPORTS                 [2014] 6 S.C.R.


A        3. Ms Shirin Khajuria, learned counsel for the appellants
    has submitted that the courts below have committed an error
    cc;;victing the appellants on the evidence which has been totally
    disbelieved on the basis of which the other remaining 15
    accused stood acquitted. More so, Paulmeli (PW.2), son of
B   deceased did not support the case of the prosecution and
    another injured son of deceased, Vijayasamy was not
    examined by the prosecution. There was a complete darkness
    in the night thus, the question of identifying the appellants does
    not arise even while Malliga (PW.1) could not identify the
c   appellants in darkness. More so, there had been material
    discrepancies in respect of the manner and number of injuries
    caused by the appellants to the deceased. Thus, the appeal
    deserves to be allowed.

       4. Per contra, Shri M. Yogesh Kanna, learned Standing
D counsel appearing for the State, has opposed the appeal
  contending that the parties are closely related. Therefore,
  Paulmeli (PW.2) turned hostile, but in the examination-in-chief
  he has named the appellants and attributed them the overt act
  in participation of murder of his father. There was sufficient light
E as per the evidence on record and Mallinga (PW.1) could
  identify the appellants being closely related and well-known
  even in the darkness. The discrepancy, if any, in the evidence
  of the witnesses is insignificant as there was no material
  discrepancy which go to the root of the cause. More so, in a
F case where a retrial was conducted, the witnesses could not
  give the same version after a long lapse of time. If some
  persons had been acquitted disbelieving the deposition of
  Malliga (PW.1 ), that cannot be a ground for acquittal of the
  appellants. The appeal lacks merit and is liable to be
G dismissed.

         5. We have considered the rival submissions made by the
    learned counsel for the parties and perused the record.

          6. Dr. Prakash Karath (PW.11) conducted the autopsy on ·
H
 PAULMELI AND ANR. v. STATE OF TAMIL NADU TR.              429
     INSP. OF POLICE [DR. 8.S. CHAUHAN, J.]

the dead body of deceased on 31.7.1999 and found the               A
following external injuries on the dead body.

   "(1) An incised wound of 10 x 4-1/2 x 4cms in front of neck
   on the right side just below the lower border of the
   mandible right from the chin to the angle of mandible. The      B
   lower skin flab vessels found severed. Blood clots present
   over the wound.

   (2) An incised wound of 8-1/2 x 4-1/2 x 4cms in the front
   of the cheek just 3cm above the supra external notch
   3cms on the right side midline 5-1/2cm on the left side in      C
   the horizontal direction. Trachea found cut. Vessels found
   severed. The cut ends are regular and smooth. Blood clots
   seen on the wound.

    (3) An incised wound of 13 x 3-1 /2 x 3 cm on the back of      D
    neck 3 cm from the mid line extending just below the lower
    border of left mandibl~ upto the chin. The medial end in
    the front is tapering. Underlying vessels and muscles
    severed.

   (4) An incised wound of 15 x 3-1/2 x 2-1/2cms extending         E
   from the. nose in the mid line towards the right side of neck
   just below the right ear in the oblique direction, medial end
   of the wound is tampering. Maxillary bone found cut. Blood
   clots present.
                                                                   F
   (5) A Elliptical incised wound of 2-1/2 x 1cm bone depth
   just above the injury num.ber 4.

    (6) An elliptical stab wound of 6 x 2-1/2 x Berns. The wound
    found communicate with the thoracic cavity on the right
    side in the front of chest just below the right clavicle.      G

    (7) An elliptical incised wound of 5 x 2 x 1ems on the
    medial end of left clavicle.
    430        SUPREME COURT REPORTS                    [2014] 6 S.C.R.


A         (8) An elliptical stab wound of 6 x 2-1/2 x 7-1/2cms on the
          front of the reft chest just below the middle of the left clavicle
          to 2.5 cm medial to the anterior axillary line.

          9). An elliptical incised wound of 4 x 1-1/2 x 1-1/2cms on
          the lateral aspect of right shoulder in A.P. direction.
B
          (10) An incised wound of 1-1/2 x 1-1/2 x 1cm on the front
          of right shoulder in the horizontal direction.

          (11) An incised wound of 6 x 1-1/2 skin depth on the back
c         of right elbow towards the right forearm in vertical direction.

          (12) An incised wound of 6 x 1-1/2 x skin depth on the back
                                                  ~

          of right forearm in horizontal direction.

          (13) An incised wound of 1-1/2 x ~ x 1/2cms on the ulna
D         border of right forearm.

        (14) An incised wound of 10 x 6 ems x bone depth on the ·
       ·dorsal aspect of right hand. The meta carpal bone of right
        index and middle finger found partially cut and right index
E       finger found missing at the level of metacarpus phelengeal
        joint. Blood clots found on the wound.

          (15) An incised wound of 3-1/2 X Yi x bone depth on the:
          dorsal aspect of left ring finger.

F         All the above wounds found with blood clots."

       7. Vijayasamy, the son of the deceased was also injured
  in the occurrence. He was treated by Dr. Maheswaran (PW.22)
  and he issued Ex.P.40-Accident Register copy. He found the
G following injuries:

          "(1) Cut injury back of neck (L) 5 cm x 1 cm skin deep.

        (2) Cut injury back of left supra 7cm x 7cm x 3cm mandible
    deep.
H
  PAULMELI AND ANR. v. STATE OF TAMIL NADU TR.               431
      INSP. OF POLICE [DR. B.S. CHAUHAN, J.]

    (3) Cut injury back of left forearm 4cm x 2cm x skin deep."      A

    8. On the same day, Dr. Maheswaran (PW.22) examined
                                                                .
Paulmeli (PW.2) and he issued Ex.P.39-Accident Register
Copy. He found the following injury:

     "(1) Cut injury back left elbow 7" x 5" exposing bone, with     B
skin deep."

    M.0.1 is the X-Ray taken for Vijayasamy and M.0.2 is the
X-Ray taken for Paulmeli by Dr. lndrani (PW.12), Radiologist.

     9. There had been recovery on the disclosure statement
                                                                     c
of the accused. So far as the present appellants are concerned
in their statement under Section 313 of Code of Criminal
Procedure, 1973 (hereinafter referred to as the 'Cr.P .C.'), they
denied their involvement and did not lead any evidence in their      D
defence.

      10. In the instant case, Malliga (PW.1 ), wife of deceased,
in the FIR, in her statement under Section 161 Cr.P.C. and in
her deposition in the court, had specifically named both the
appellants. Even though, she had named other persons also.           E
The appellants had been known to the said witness for a long
time as they were closely related. There was sufficient light as
per the evidence on record even otherwise there can be no
difficulty to recognise so closely related persons even in
darkness. The injuries found on the person of the deceased are       F
duly supported by medical evidence as well as got
corroborated by the deposition of Malliga (PW.1 ). The
concurrent findings have been recorded by the courts below in
this regard. We do not find any force in the submissions
advanced by Ms. Khajuria, learned counsel for the appellants         G
that the injuries attributed to the appellants could not be caused
by Aruval as the findings recorded by the trial court in this
regard is that all injuries may be caused by the attack of Aruval.
It has further been held by the trial court that the appellants
herein came with Aruval and attacked the deceased
                                                                     H
    432       SUPREME COURT REPORTS                 [2014] 6 S.C.R.


A   indiscriminately causing injuries on the neck, chest and other
    parts of the body, though, inadvertently, the trial court has
    mentioned that the injuries found on all over the body, had
    caused the death.

       11. More so, with respect to various issues raised by the
8
  learned counsel for the appellants in respect of the injuries
  found on the person of the deceased, questions have not been
  put to the doctor who conducted the postmortem when he
  appeared in the witness box. In fact, he was the only competent
C person who could have furnished the explanation for all such
  issues.

       It is a settled legal proposition that in case the question is
  not put to the witness in cross-examination who could furnish
  explanation on a particular issue, the correctness or legality of
D the said fact/issue could not be raised. (Vide: Atluri
  Brahmanandam (DJ, Thr. LRs. v. Anne Sai Bapuji, AIR 2011
  SC 545; and Laxmibai (dead) Thr. L.Rs. & Anr. v.
  Bhagwantbuva (dead) Thr. L.Rs. & Ors., AIR 2013 SC 1204).

E        12. In respect of the deposition of Ganesan (PW.3), it has
    been submitted that he may not be a trustworthy witness as he
    is not an independent witness. His evidence revealed that he
    reached the place after the incident was over and he saw the
    accused people leaving the place of occurrence. Had he not .
F   been a truthful witness he could have definitely improved his
    version and could depose describing the overt acts of the
    appellants. Therefore, the submission so advanced has no
    force .

     . · 13. So far as the issue cf presence of light at the place of
G occurrence at the relevant time, the trial court recorded the
  findings to the fact that there was sufficient light. The High Court
  reappreciated the evidence and came to the conclusion that
  admittedly there was light in the facet of the house and there
  was also street light illuminating the place of occurrence. Even
H in the observation Mahazar Ex.P-18, the light has been shown.
     PAULMELI AND ANR. v. STATE OF TAMIL NADU TR.            433
         INSP. OF POLICE [DR. B.S. CHAUHAN, J.]
 '
The evidence of Kumareshan (PW.19), the wireman of                   A
Electricity Board, was examined to prove the fact that at the
relevant point of time, the electricity was in supply at the place
of occurrence. There is some discrepancy in the statement of
Malliga (PW.1) in this regard but she might have not been able
to give exact specific account being an illiterate village woman     B
and as the appellants have not been strangers, there could be
no difficulty for her to identify the appellants even in the
darkness.

      14. The Trial Court recorded the finding that the FIR had
.been lodged promptly. The High Court reappreciated the full         C
 particulars as Cinder what circumstance the FIR had been
 lodged. The relevant parts thereof reads as under:

      "31. The evidence on record would show that there is no
      delay in registering the F.1.R. after the receipt of the       D
      complaint. P.W.21 registered the F.l.R. at 00.45 hours and
      send the same to the Judicial Magistrate through P.W.14
      - Mohamed Sherif. P.W.14 received the F.l.R. at 2.15 A.M.
      Since it was night, at 6.00 A.M. he proceeded to the
      Paramakudi Judicial Magistrate's Court. Since nobody           E
      was there he went to the house of Head Clerk of
      Paramakudi Judicial Magistrate's Court, where he was
      informed that Judicial Magistrate No.2, Ramanathapuram
      was the incharge Magistrate. So, he went to the Judicial
      Magistrate Court No.2, Ramanathapuram. At that time the        F
      Judicial Magistrate was conducting cases. and later he
      gave the F.l.R. to the Judicial Magistrate. So, the
      explanation offered by the Judicial Magistrate is quite
      convincing. So, there no delay in registering the F.l.R."

    Thus, there can be no doubt that the FIR had been lodged         G
promptly.

    15. Paulmeni (PW .2) has supported the case of the
prosecution so far as the present appellants are concerned. He
was declared hostile when he did not name the other accused,         H
     434       SUPREME COURT REPORTS              [2014] 6 S.C.R.


A    who stood acquitted by the courts below and there could be
     no difficultly to accept his deposition to that.extent.

         16. This Court in Ramesh Harijan v. State of UP., AIR
     2012 SC 1979 while dealing with the issue held:

B          "It is a settled legal proposition that the evidence of a
           prosecution witness cannot be rejected in toto merely
           because the prosecution chose to treat him as hostile
           and cross examine him. The evidence of such witnesses
           cannot be treated as effaced or washed off the record
C          a/together but the same can be accepted to the extent
           that their version is found to be dependable on a careful
           scrutiny thereof (Vide: Bhagwan Singh v. The State of
           Haryana, AIR 1976 SC 202; Rabindra Kumar Dey v.
           State of Orissa, AIR 1977 SC 170; Syad Akbar I(. State
D·         of Karnataka, AIR 1979 SC 1848; and Khujji@ Surendra
           Tiwari v. State of Madhya Pradesh, AIR 1991SC1853)."

        17. In State of UP. v. Ramesh Prasad Misra & Anr., AIR
  1996 SC 2766, this Court held that evidence of a hostile witness
E would not be totally rejected if spoken in favour of the
  prosecution or the accused but required to be subjected to
  close scrutiny and that portion of the evidence which is
  consistent with the case of the prosecution or defence can be
  relied upon.

F     A similar view has been reiterated by this Court in Sarvesh
  Narain Shukla v. Daroga Singh & Ors., AIR 2008 SC 320;
  Subbu Singh v. State by Public Prosecutor, (2009) 6 SCC
  462: C. Muniappan & Ors. v. State of Tamil Nadu, AIR 2010
  SC 3718; and Himanshu @ Chintu v. State (NCT of Delhi},
G (2011) 2 sec 36).

      Thus, the law can be summarised to the effect that the
  evidence of a hostile witness cannot be discarded as a whole,
  and relevant parts thereof which are admissible in law, can be
H used by the prosecution or the defence.
   PAULMELI AND ANR. v. STATE OF TAMIL NADU TR.              435
       INSP. OF POLICE [DR. 8.S. CHAUHAN, J.]

     18. Learned counsel for the appellants submits that in case,   A
on the basis of the same evidence, 15 accused persons had
been acquitted, the appellants/ could not have been convicted.
We do not find any force in such a submission for the reason
that there may be some exaggeration in depositions of the
prosecution witnesses. The courts below had not accepted the        B
evidence to that extent and have given benefit of doubt.

     19. In Balka Singh & Ors..v. State of Punjab, AIR 1975
SC 1962, this Court considered a similar issue, placing
reliance upon its earlier judgment in Zwinglee Ariel v. State of    C
Madhya Pradesh, AIR 1954 SC 15 and held as under:

    "The Court must make an attempt to separate grain from
    the chaff, the truth from the falsehood, yet this could only
    be possible when ttie truth is separable from the
    falsehood. Where the grafn cannot be separated from the · D
    chaff because the grain and the chaff are so inextricably
    mixed up that in the process of separation, the Court
    would have to reconstruct an absolutely new case for the
    prosecution by divorcing the essential details presented
    by the prosecution completely from the context and the E
    background against which they are made, then this
    principle will not apply."

    20. In Sukhdev Yadav & Ors. v. State of Bihar, AIR 2001
SC 3678, this Court held as under:
                                                                    F
     "It is indeed necessary however to note that there would
     hardly be a witness whose evidence does not contain
     some amount of exaggeration or embellishment,
     sometimes there would be a deliberate attempt to offer
     the same and sometimes the witnesses in their over             G
     anxiety to do better from the witness-box details out an
     exaggerated account."

     21. A similar view has been reiterated in Appabhai & Anr.
v. State of Gujarat, AIR 1988 SC 696, wherein this Court has
                                                                    H
    436          SUPREME COURT REPORTS             [2014] 6 S.C.R.


A cautioned the courts below not to give undue importance to
  minor discrepancies which do not shake the basic version of
  the prosecution case. The court by calling into aid its vast
  experience of men and matters in different cases must evaluate
  the entire material on record by excluding the exaggerated
B version given by any witness for the reason that witnesses now
  a days go on adding embellishments to their version perhaps
  for the fear of their testimony being rejected by the court.
  However, the courts should not disbelieve the evidence of such
  witnesses altogether if they are otherwise trustworthy.
c       22. In Sucha Singh v. State of Punjab, AIR 2003 SC 3617,
  this Court had taken note of its various earlier judgments and
  held that even if major portion of the evidence is found to be
  deficient, in case residue is sufficient to prove guilt of an
  accused, it is the duty of the court to separate grain from chaff.
D Falsity of particular material witness or material particular would
  not ruin it from the beginning to end. The maxim fa/sus in uno
  fa/sus in omnibus (false in one thing, false in everything) has
  no application in India and the witness cannot be branded as
  a liar.In case this maxim is applied in all the cases it is to be
E feared that administration of criminal justice would come to a
  dead stop. Witnesses just cannot help in giving embroidery to
  a story, however, truth is the main. Therefore, it has to be
  appraised in each case as to what extent the evidence is worthy
  of credence, and merely because in some respects the court
F considers the same to be insufficient or unworthy of reliance, it
  does not necessarily follow as a matter of law that it must be
  disregarded in all respects as well.

       23. In view of the above, we are of the considered opinion
G that the appeal is devoid of any merit and is accordingly
  dismissed.

    Nidhi Jain                                      Appeal dismissed.