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1957 (2) TMI 92 - SC - Indian Laws

Issues:
Appeal against conviction under Section 302 of the Indian Penal Code based on eyewitness testimony, admissibility of first information report made by a co-accused, application of the maxim falsus in uno falsus in omnibus, reversal of judgment of acquittal, burden of proof on the prosecution, examination of witness credibility.

Analysis:
The judgment by the Supreme Court involved the appeal of an appellant convicted under Section 302 of the Indian Penal Code for the murder of an individual. The case originated from an incident where the deceased was stabbed, leading to his death, and the appellant was accused of the crime based on eyewitness testimony. The prosecution's case relied on the accounts of witnesses who claimed to have seen the appellant stabbing the deceased with a knife provided by a co-accused. However, the admissibility of the first information report made by the co-accused was challenged, with the court ruling that it could not be used as evidence against the maker if he became an accused himself. The post-mortem examination confirmed the cause of death due to injuries inflicted by a sharp-edged weapon, supporting the prosecution's case.

The High Court had reversed the judgment of acquittal by the Sessions Judge, convicting the appellant based on the eyewitness testimony that was initially rejected. The High Court emphasized the guilt of the appellant, stating that the presumption of innocence had been rebutted by the prosecution. Despite the appellant's argument regarding the maxim falsus in uno falsus in omnibus, which questions the credibility of witnesses who falsely implicate others, the court clarified that it was a rule of caution and not a mandatory rule of evidence. The court also highlighted the importance of the prosecution proving the guilt of the accused beyond a reasonable doubt, reiterating the principle of presumed innocence until proven otherwise.

The judgment addressed the issue of witness credibility, acknowledging discrepancies in their statements but ultimately upholding the conviction based on a review of the evidence. The court dismissed the appeal and affirmed the judgment of the High Court, concluding that the appellant was rightly convicted. The decision emphasized the importance of thorough examination of evidence and the burden of proof resting on the prosecution, while cautioning against placing undue burden on the accused to prove innocence.

 

 

 

 

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