Merely because eye witnesses are relatives of the deceased, their evidence cannot be ignored [Read the Order]

Judgment dated 9.1.2015 passed by the High Court of Judicature at Allahabad in Criminal Appeal No.811 of 1988 confirming the judgment dated 6.4.1988 passed by the Special Judge (E.C. Act) Hamirpur in S.T. No.47 of 1986 convicting the accused/appellants for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 (IPC), was challenged before the Supreme Court.

The case is titled as Hargovind & Ors vs State of Uttar Pradesh decided on 05.03.2020.

Supreme Court observed and held as under:

"Both the courts have, on proper evaluation of the material on record and evidence, more particularly, the evidence of PW-1 and PW-2, correctly concluded that these witnesses are reliable and trustworthy.

Merely because these two eye witnesses are relatives of the deceased, their evidence cannot be ignored inasmuch as their presence at the scene cannot be doubted.

As mentioned supra, both these witnesses had gone, along with the deceased, to see the Ram Leela function. It is not uncommon to have torch in their hands for the villagers while they go out of the house or village during night.

We have perused the evidence of PW-1 and PW-2 meticulously and we find that the evidence of these witnesses is trustworthy, cogent, and reliable. Though these witnesses are cross-examined at length, their evidence was not shaken in the cross-examination by the defence.

The evidence of PW-1 and PW-2 is fully corroborated with the evidence of the doctor who conducted the post mortem examination....

Having regard to the totality of the material on record, more particularly the evidence of PW-1 and PW-2, no interference is called for. The appeal is, accordingly, dismissed".

Read the Order here: