“Contradictions are far too trival so as to discard the entire prosecution case” – SC


Case No:-CRIMINAL APPEAL NO(S). 1258 OF 2010

Decided on:-16th April , 2024.

Quorum:-Mehta, J.

Facts of the case:-

The current appeal is addressed against the ruling rendered on July 27, 2007, by the Madhya Pradesh High Court’s Division Bench in Gwalior, wherein Criminal Appeal No. 607 of 1998 was filed. By the appellant was rejected, and the ruling and decree dated November 9, 1998, issued in Session Case No. 70 of 1987 by the Vth Upper Sessions Judge, Behind, Madhya Pradesh (henceforth referred to as the “trial Court”), was maintained.The appellant in this case was tried for the murders occurred in two different instances, as well as for attempting to kill during the event that resulted in Kaptan Singh’s death. On November 10, 1985, both of these tragedies happened in the Madhya Pradesh village of Bhajai, in the District of Bhind. Following the trial, the learned trial court cleared the accused appellant of Kalyan Singh’s murder in a decision dated November 9, 1998, stating that the two eyewitnesses who testified against the appellant for the aforementioned incident were unreliable witnesses because they failed to identify the accused appellant in their testimonies provided to the investigating officer. The appellant was found guilty and sentenced as stated above by the learned trial court for the killing of Kaptan Singh and the attempted murder .It should be mentioned that the appellant in this case is said to have served approximately 22 years in prison with remission and more than 14 years of substantive imprisonment. Two of the accused appellant’s associates; Kaptan Singh (dead) was killed and Indal Singh was injured by a fire arm. Singh was shot with a gun and later passed away.

Appellant Contentions

The appellant counsel stated that the prosecution case was entirely made and untrue wherein furtherance to which the prosecution’s witnesses did not provide an explanation for fatal injuries. As a result, the prosecution’s witnesses’ testimony is not credible or trustworthy claimed that a cross case was filed against six members of the complainant side who were found guilty by the trial court of the offence punishable under Section 396 IPC and members of the complainant party who were found guilty in the cross case, it is obvious that they were the aggressors and, as a result, the accused appellant deserves to be exonerated by granting him the benefit of the doubt and the right to a private defense involving extensive cross-firing; the accused appellant did not sustain a single injury, and it is evident that the prosecution witnesses have not revealed the truth about what happened and their role in it. The evidence is corrupt and not reliable.By granting the accused appellant the benefit of the doubt and the right to a private defense, he should be found not guilty.

Respondent Contentions

Furthermore, it was argued that the accused appellant did not sustain any injuries in an incident involving widespread cross-firing, proving that the prosecution’s witnesses have not provided an accurate account of what happened and that their testimony is tainted and unreliable. The learned senior counsel went on to say that the High Court did not rely on. And where six members of the complainant’s side were found guilty by the trial court.

Court Analysis and Judgement

The appellant attempted to draw attention to insignificant inconsistencies pertaining to the lack of empty cartridges and other items at the scene of the crime, and the plea of alibi is not tenable because we determine that these inconsistencies are simply too minor to dismiss the prosecution’s case as a whole, which is predicated on a credible group of eyewitnesses whose testimony is supported by the medical jurist’s testimony as well as other relevant facts. There is no flaw in the contested rulings that justifies intervention. As a result, the appeal is rejected since it is without merit.

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Judgement Analysis Written by – K.Immey Grace







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