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Brijbasilal v. State Of Madhya Pradesh

Brijbasilal
v.
State Of Madhya Pradesh

(Supreme Court Of India)

Criminal Appeal No. 717 Of 1979 | 14-11-1990


1. This appeal is directed against the judgment made in Criminal Appeal No. 321 of 1977 on the file on the High Court of Madhya Pradesh at Jabalpur dismissing the appeal preferred by the appellant challenging the correctness of the judgment of the trial court convicting the appellant under Section 302 IPC and sentencing him imprisonment for life

2. The appellant took his trial on a charge that on August 7, 1976 at about 7 p.m. he committed the murder of deceased, Vishwanath, who is the father of PW 1 in the village Kaprora by firing gun shots. Though number of witnesses have been examined in support of the prosecution case, most of the witnesses have turned hostile except PW 1 who is none other than the son of the deceased, Vishwanath

3. According to PW 1, he and his father while coming together from the bazar, the appellant herein fired four gunshots as a result of which the deceased died. The only argument advanced by the learned counsel appearing on behalf of the appellant is that both the courts below ought not to have accepted to sole testimony of PW 1 whose evidence is highly interested as PW 1 happens to be the son of the deceased. We went through the copy of the deposition furnished by the learned counsel for the appellant as well as impugned judgment meticulously. As pointed out by this Court in Chinniah Servai v. State of Madras 1957 AIR(SC) 614] that plurality of witnesses is not necessary to prove a criminal charge and that a conviction can be based even on the sole testimony of a witness provided the testimony of that witness is wholly acceptable. Applying the above test, we, at the same time, bearing in mind the relationship of PW 1 with the deceased, examined the evidence carefully and are satisfied that the evidence of PW 1 is reliable and free from any infirmity. Therefore, we have no reason to refuse to act upon the testimony of PW 1 merely on the ground that he is the son of the deceased. Since the evidence of PW 1 is otherwise reliable and acceptable, we have no hesitation in agreeing with the finding of the High Court4. In the result, we confirm the judgment of the High Court and dismiss the appeal as devoid of any merit.

Advocates List

For

For Petitioner
  • Shekhar Naphade
  • Mahesh Agrawal
  • Tarun Dua
For Respondent
  • S. Vani
  • B. Sunita Rao
  • Sushil Kumar Pathak

Bench List

HON'BLE JUSTICE K. JAYACHANDRA REDDY

HON'BLE JUSTICE (MS.) M. S. FATHIMA BEEVI

HON'BLE JUSTICE S. R. PANDIAN

Eq Citation

(1991) SCC CRI 546

(1991) SUPPL. 1 SCC 200

LQ/SC/1990/719

HeadNote

Criminal Appeal — Conviction under Section 302 IPC — Whether sole testimony of an interested witness, being son of the deceased, could be acted upon for conviction — Held, yes — Mere fact that the witness was son of the deceased, does not render his testimony unacceptable, especially when the evidence otherwise was reliable and acceptable — Conviction and sentence of the accused, upheld [Chinniah Servai v. State of Madras, AIR 1957 SC 614, Ref.]