Facts
The appellant was convicted under Section 302 of the Indian Penal Code (IPC) for the axe murder of his stepbrother and sentenced to imprisonment for life by the Additional Sessions Judge, Simdega
Source reference: para. 2The prosecution case rested principally on the testimony of P.W.-6, the father of both the appellant and the deceased, who said he witnessed the appellant chase and strike the deceased with an axe
Source reference: para. 5; p. 3The post-mortem examination recorded three sharp-force injuries, including injuries to the head and neck, and attributed death to a sharp-cutting weapon
Source reference: p. 2On appeal, the appellant challenged the witness’s status as an eyewitness and the reliability of identification in the evening, and relied on defence evidence alleging that the informant committed the murder
Source reference: para. 3; p. 1Issues
Whether the conviction under Section 302 IPC could be sustained on the testimony of P.W.-6 as the sole eyewitness, despite the challenge to his opportunity to identify the appellant and his credibility.
Source reference: paras. 3, 9, 11Whether the medical and other evidence sufficiently corroborated P.W.-6’s account, and whether the defence witnesses’ allegation against the informant created reasonable doubt.
Source reference: paras. 10–12Law Applied
The court considered the offence of murder under Section 302 IPC.
Source reference: para. 2It applied the evidentiary principle that a conviction may rest on a sole eyewitness’s testimony where the court finds that witness credible and identifies no material reason to reject the account; the witness’s relationship to the accused and deceased did not, in the circumstances, undermine identification.
Source reference: paras. 9, 11The court also treated consistency between the eyewitness account, the medical evidence, and the scene of occurrence as corroborative, and assessed the defence evidence for reliability.
Source reference: paras. 9–12Reasoning
The court found that P.W.-6 had consistently supported his account that he saw the appellant assault the deceased with an axe, and that the defence had elicited nothing material in cross-examination to discredit him.
Source reference: para. 11It considered identification reliable because the witness was the appellant’s father, and noted that the I.O. found the body on the road, consistent with the account of the assault there.
Source reference: paras. 9–10The axe recovered by the I.O. and the sharp-cut injuries recorded at post-mortem corroborated the eyewitness account.
Source reference: paras. 10–11The defence witnesses were found unreliable because they admitted that they had not made statements to the I.O. and had appeared to testify for the first time at trial.
Source reference: para. 12Holding
The High Court held that the prosecution proved the appellant’s guilt beyond reasonable doubt and that the trial court had correctly appreciated the evidence.
It dismissed the appeal and upheld the conviction under Section 302 IPC and the sentence of life imprisonment.
Source reference: paras. 2, 13The appellant was in custody; the Court directed that a copy of the judgment be furnished to him and that the trial court record be returned to the trial court.
Source reference: paras. 14–15Acts & Sections Cited
1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.
Indian Penal Code, 18601
Original Court PDF
Lala GopevsThe State Of Jharkhand
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