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Criminal · Reportable judgment

State of Haryana vs Mohd. Yunus & Ors.

Court
Supreme Court of India
Date
12 January 2024
Case No.
Criminal Appeal No(S).1307 of 2012
Result
Dismissed
Bench
M.M. Sundresh, Prashant Kumar Mishra
Citation
[2024] 1 S.C.R. 404 : 2024 INSC 34
Acts & Sections
IPC CrPC
Supreme Court Reports [2024] 1 S.C.R. 404 : 2024 INSC 34
Issue for consideration
Whether the High Court was justified in convicting A1 only u/s.

323 while acquitting u/s. 302/34, and convicting and sentencing A2 u/s. 302 and 323 read with s. 34; and whether in trial u/s.

302 IPC, it is safe to convict on the basis of the statement of an untrustworthy witness.
Headnote

Witnesses – Evidentiary value, when witness not trustworthy: Held: For trial u/s. 302 IPC, if a witness is branded as untrustworthy having allegedly twisted the facts and made contrary statement, it is not safe to impose conviction on the basis of statement made by such witness – When there is an effort to falsely implicate one accused person, statement made by such an eyewitness cannot be relied without strong corroboration – On facts, on account of previous enmity between the parties, accused persons armed with weapons inflicted injuries resulting in death of one and injuries to the informant, his son and the other eye-witness – In appeal, A1 was convicted only u/s. 323 while acquitting u/s. s. 302/34, A2 was convicted and sentenced u/s. 302 and 323 read with s. 34, while A 4 was acquitted of charges and A3 died – Statement of witnesses-informant and other eye-witness were recorded twice, firstly, in the trial against A1, A2 and A3 and secondly, in the trial against A4 – Both the prosecution witnesses are disbelieved in the second trial since their statements were contradictory, the facts were twisted and improvements were made, thus, no reliance can be made upon such statement – Also the recovery of weapons from A1 and A2 was not proved – Thus, not safe to convict A2 for offence u/s. 302/34 IPC on the basis of statement of such eyewitness – Judgment of the courts below convicting A2 for offence u/s. 302/34 set aside – However, conviction of A2 for the offence u/s. 323/34 not interfered with – Acquittal of A1 u/s. 302/34 upheld – Penal Code, 1860 – ss. 302/34, 323/34. [Paras 16 - 22]

Keywords: Witnesses · Untrustworthy · Falsely implicate · Eyewitness · Corroboration · Previous enmity · Conviction · Acquittal · Contradictory · Recovery · Delay in registration of FIR · Sentence · Bail

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

Full Judgment Text

Judgment Prashant Kumar Mishra, J. 1. Four accused persons namely, Mohd. Yunus (A1), Mohd. Jamil (A2), Ghasita (A3) and Akhtar Hussain (A4) were sent for trial for the same incident which occurred on 09.01.1999 causing death of Akbar (deceased) and injuries to Deenu (PW-1), Ahmad (PW-2) and Harun. Initially, accused nos. 1, 2 and 3 were tried in Sessions Case No. 12 of 1999 arising from FIR No. 10 dated 09.01.1999 of Police Station Nuh, Haryana in which they were convicted for offences under Sections 302 and 323 read with Section 34 of the Indian Penal Code, 18601 while acquitting them of th
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