Supreme Court of India
STATE OF M.PversusMAKHAN @ MADAN & ORS.
- Citation
- 2008 INSC 1159
- Decided
- 16 October 2008
- Disposal
- Dismissed
- Bench
- ARIJIT PASAYAT
Holding
The High Court’s acquittal was upheld as the eye‑witness testimony was unreliable due to material discrepancies.
Summary
The State of Madhya Pradesh charged Makhan (Madam) and others with murder under Sections 148, 302 read with 149 of the IPC, alleging they assaulted the deceased with sticks and rods, leading to his death. The trial court convicted them, but the Madhya Pradesh High Court acquitted them, discarding the testimony of eye‑witnesses. On appeal, the Supreme Court examined the reliability of the witnesses, noting contradictions regarding the place of occurrence and the ability to identify the accused in darkness. The Court found that these discrepancies undermined the credibility of the eye‑witnesses and that the High Court’s reasoning was sound. Consequently, the Supreme Court dismissed the appeals, leaving the acquittal intact.
Issues considered
- Whether the High Court erred in acquitting the accused by discarding the evidence of eye‑witnesses.
- Whether the discrepancies in witness statements regarding the place of occurrence and identification render the testimony unreliable.
Legislation cited
- Indian Penal Code, 1860s. 148, s. 149, s. 302
Subjects
murderunlawful assemblyeye‑witness testimonyidentificationdiscrepancyacquittalIPC Sections 148 149 302criminal appeal
Judgment
[2008] 14 S.C.R. 507
STATE OF M.P A
II.
MAKHAN @ MADAN & ORS.
(Criminal Appeal Nos. 46-47 of 2003)
OCTOBER 16, 2008
B
[DR. ARIJIT PASAYAT AND DR. MUKUNDAKAM
SHARMA, JJ.]
--\'
Penal Code, 1860; Ss. 148, 302 rlw s. 149:
/
Assault and murder by forming an unlawful assembly - c
Deceased succumbed to the injuries inflicted by accused
persons - F /. R. ....: Trial Court found accused persons guilty of
committing offences punishable under Ss. 148 and 302 rlw
s. 149 /PC and sentenced them to undergo rigorous imprison-
ment for life etc. - Acquitted by High Court by discarding tes- D
timony of eye witnesses - Correctness of - Held: Correct -
-~ There was discrepancy in the statement of witnesses as re-
gards the place of occurrence and also the identity of accused
persons - Hence, no infirmity found in the impugned order
warranting any interference - Testimony of witnesses - Reli- E
ance upon.
Respondents, accused persons, were convicted by
the trial Court for committing murder of the deceased. The
issue which arose for determination before the Supreme
Court in this criminal appeal was as to whether the High F
Court erred in acquitting the accused persons by discard-
ing the evidence of relative eye witnesses.
Dismissing the appeals, the Court
HELD: 1.1 The High Court with reference to evidence G
of PW1, wife of the deceased, noted that in the First lnfor-
-4 mation Report it was stated that the place of occurrence
is Kanji House Bazar Bohalla but in court the witnesses
stated that the accused persons had assaulted the de-
507 H
508 SUPREME COURT REPORTS [2008] 14 S.C.R.
A ceased by lathi and rod at the residence of PW 7, Sarpanch )..._
I
of the gram panchayat. (Para - 5) [510-C-D]
1.2 PW 5 stated in her examination in chief that she
had seen the accused persons assaulting the deceased
with fists and slaps but in cross examination she had
B stated that when she reached the police station alongwith
PW 1 they had disclosed that the deceased was lying in
injured condition and had not disclosed the names of the
accused persons. (Para - 5) [510-E-F]
c 1.3 PW5 stated that they had reached the police sta-
tion at about mid night. But the FIR was registered early
morning on the next day. PW2 in his statement had stated
that he could not identify any of the accused persons due
to darkness. If that be so, the evidence of PW1 and PW5,
that they had clearly identified the accused persons can-
D
not be believed. It is true that even in darkness known
persons can be identified from the manner of speech,
style of walking and several other peculiar features. But ~
the evidence of PW2 was to the effect that because of dark-
ness none of the accused persons could be identified.
E (Para - 5) [510-G-H; 511-A-B]
2. There is discrepan~y not only as regards the place
of occurrence but also on several vital aspects like non-
disclosure and non-possibility of identification. Hence,
F judgment of the High Court does not suffer from any infir-
mity to warrant interference. (Para - 5) [511-B] -~
CRIMINALAPPELLATE JURISDICTION: Criminal Appeal
Nos. 46-47 of 2003
G From the final Judgment and Order dated 28.3.2001 of
the High Court of Madhya Pradesh, at Jabalpur in Criminal Ap-
peal Nos. 959 and 960 of 1990
C.D. Singh, Aditya Singh and Sunny Choudhary for the
Appellant.
H
STATE OF M.P. v. MAKHAN@ MAD,!\N 509
& ORS.
---i S.K. Gambhir, Dr. Kailash Chand, Anil K. Sharma and T.N. A
Singh for the Respondents.
The Judgment of the Court was delivered by
DR. ARIJIT PASAYAT, J. 1. Challenge in these appeals
is to the judgment of a Division Bench of Madhya Pradesh High B
Court at Jabalpur directing acquittal of the respondents who
--1 are hereinafter referred to as the 'accused'. The accused per-
sons faced trial for alleged commission of offence punishable
,, under Sections 148, 302 read with Section 149 of the Indian
Penal Code, 1860 (in short the 'IPC'). They were found guilty by
the Additional Sessions Judge, Betul in ST case No. 169 of c
1989 and were convicted and sentenced to undergo rigorous
imprisonment for one years and life respectively.
2. Prosecution version in a nutshell is as follows:
On 15. 7 .1989 Prem la! (hereinafter referred to as the 'de- D
->-i ceased') had called a doctor for treatment of his sister and while
he was returning after seeing off the doctor and reached near
Kanji House Bazar Bohalla, accused persons had altercation
with him and in order to kill, assaulted him by sticks and rod.
They also threatened to set on fire his motorcycle at which Laxmi E
Bai and Maniya Bai (PW5) went there where they saw accused
persons assaulting the deceased by rod and lathi as also by
fists and slaps. The deceased was shouting for help. Later he
became unconscious and fell down and the accused persons
fled away from the place of occurrence. Thereafter the deceased
was taken by his wife Somti Bai (PW1) and Maniya Bai (PW 5) F
to their house in unconscious condition. Report of the incident
was given at 4.30_AM to the police station at Sarni, which is at a
distance of about 9Km from the place of incident. Premlal was
sent for medical examination to Primary Health Centre from which
he was referred to Padhar Hospital for treatment. Premlal sue- G
cum bed to his injuries on 20. 7 .1989. After his death, his dead
body was sent for postmortem examination which was con-
ducted by Dr. V.K. Shrivastava (PW 14). In the opinion of the
doctor Premlal died due to coma on account of head injury. Af-
ter investigation charge sheet was filed. H
SUPREME COURT REPORTS [2008] 14 S.C.R. ,......
510
A Since the accused persons pleaded innocence, the trial t--
was held. The trial court as noted above found the accused '
persons guilty and convicted them. In appeal, however, the High
Court directed the acquittal.
3. Learned counsel for the appellant submitted that the High
B Court should not have discarded the evidence of the eye wit-
nesses.
4. Learned counsel for the respondent on the other hand
t--
,
supported the judgment of the High Court. ~
c 5. It is to be noted that the High Court with:reference to ""'
evidence of Somti Bai, PW1 noted that in the First Information -1-
Report it was stated that the place of occurrence is Kanji House
Bazar Bohalla but in court the witnesses stated that the accused
persons had assaulted the deceased at the residence of Deoli '--
D (PW 7) the Sarpanch of the gram panchayat by Lathi and rod.
According to Lachhu (PW 2) the deceased was assaulted on
the way while he was coming from the house of Sarpanch (PW '.r'- I
7) whereas according to Somti Bai (PW1 ), the deceased was
assaulted in front of the house of the Sarpanch. Maniya Bai (PW
E 5) stated in her examination in chief that she had seen the ac-
cused persons assaulting the deceased with fists and sl.aps
but in cross examination she had stated that when she reached
the police station alongwith Somti Bai (PW 1) they had disclosed
that the deceased was lying in injured condition and had not
F disclosed the names of the accused persons. In contrast Somti
Bai (PW 1); Lachhu (PW2) and Maniya Bai (PW5) stated that ~-
the name of the accus~d was in the first information report. In
her cross-examination she clearly admitted that police told them
that they would make enquiry and if report was found false they
would be in trouble. Additionally, Maniya Bai (PW5) stated that
G
they had reached the police station about mid night. But the FIR
was registered early morning next day. Lachh_u (PW2) in his J.-
111
statement had stated that he could not identify any of the ac-
cused persons due to darkness. If that be so, the evidence of
Somti Bai (PW1) Maniya Bai (PW5), that they had clearly iden-
H
:
STATE OF M.P. v. MAKHAN @ MADAN 511
& ORS. [DR. ARIJIT PASAYAT, J.]
tified the accused persons cannot be believed. It is true that A
even in darkness known persons can be identified from the
manner of speech, style of walking and several other peculiar
features. But the evidence of PW 2 was to the effect that be-
cause of darkness none of the accused persons could be iden-
tified. In the instant case not only there is discrepancy as re- B
gards the place of occurrence but also on several vital aspects
like non-disclosure and non-possibility of identification.
- 6. In view of what has been stated above, the judgment of
the High Court does not suffer from any infirmity to warrant in-
terference. Appeals are dismissed accordingly. C
S.K.S. Appeals dismissed.
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