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Criminal · Reportable judgment

Esakkimuthu vs State Represented by the Inspector of Police

Court
Supreme Court of India
Date
22 July 2025
Case No.
Criminal Appeal No. 3099 of 2025
Result
Allowed
Bench
Vikram Nath, Sandeep Mehta
Citation
[2025] 7 S.C.R. 1361 : 2025 INSC 880
Acts & Sections
IPC Tamil Nadu Goondas Act, 1982
Supreme Court Reports [2025] 7 S.C.R. 1361 : 2025 INSC 880
Issue for consideration
Whether the courts below erred in convicting the appellants and sentencing them to life imprisonment for the murder of the deceased relying upon the testimonies of PW-1 and PW-2, who were interested witnesses being the son and wife of the deceased respectively.
Headnote

Evidence – Related/Interested witnesses – Reliance upon – When not proper – Appellants, A1 and A2 were convicted u/s.302, IPC and u/s.302 r/w 34, IPC, respectively for the murder of the deceased relying upon the eye-witness accounts of PW-1 and PW-2 (son and wife of the deceased) – Interference with: Held: When the witnesses are related/interested, their testimonies have to be scrutinized with greater care and circumspection – In the instant case, the two key witnesses are the son and wife of the deceased, who are very well-interested witnesses in the case therefore, their testimonies shall have to be treated with great caution and required to be met with a stricter standard of proof in order to rule out any embellishment – Though, the Courts below relied heavily on their testimonies to bring home the guilt of the accused persons, on facts, their presence at the place of crime in itself is highly contentious and was not proven definitely – No other alleged eye-witness supported the prosecution’s case, independent witnesses were declared hostile – The fact that the deceased was a habitual drunkard and a convicted criminal under the Goondas Act makes it highly probable that the deceased had enmities with multiple people who may have assaulted him and caused his death – Not proven beyond doubt that in all human probability, the act must have been done by the accused only – Prosecution did not discharge its burden of establishing the guilt of the accused persons beyond reasonable doubt – Impugned judgment passed by the High Court, as well as the judgment of the Trial Court, quashed and set aside – Appellants acquitted – Penal Code, 1860 – s.302 r/w 34, 120B. [Paras 22, 23, 30-34]

Evidence – Related/Interested witnesses – Appreciation – Standard of proof, discussed. [Paras 22, 23]

Keywords: Related/Interested witnesses · Eyewitnesses · Ongoing enmity · Conviction on basis of eyewitness accounts · Presence at the place of crime not proven · Presence at the crime scene doubtful · Guilt of the accused persons not proved beyond reasonable doubt · Witnesses turned hostile · Motive · Independent witnesses declared hostile · Habitual drunkard · Contradictions · Stricter standard of proof · Distance range · Distance of 16 kilometers · House of the deceased · Liquor shop · Bicycle · Tasmac shop

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Divya Pandey. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Judgment Vikram Nath, J. 1. Leave granted. 2. The instant appeals have been preferred by the accused-appellants against the judgment dated 10.09.2024 passed by the Madras High Court in Crl. A (MD) No. 218 of 2020 wherein the High Court dismissed the criminal appeal(s) preferred by the appellants and confirmed the conviction and sentence imposed by the Trial Court in a matter involving Sections 302 and 34 of the Indian Penal Code, 18601. 3. The brief facts forming the basis of the current appeals are as elucidated below. The case at hand involves two accused persons – Pitchu Mani @ Pitchai
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