2007 JTR(SC) 181
2007 2 AD(Cr) 1 ; 2007 54 AIC 200 ; 2007 2 AICLR 536 ; 2007 Supp AIR(SC) 663 ; 2007 AIR(SCW) 1327 ; 2007 AllMR(Cri)(SC) 851 ; 2007 3 BBCJ(SC) 247 ; 2007 2 CriCC 173 ; 2007 CriLR 213 ; 2007 2 Crimes(SC) 151 ; 2007 CrLJ 1671 ; 2007 2 EastCrC(SC) 174 ; 2007 2 JLJR(SC) 110 ; 2007 3 JT 344 ; 2007 3 KLT 117 ; 2007 2 PLJR(SC) 126 ; 2007 2 RCR(Cri) 105 ; 2007 3 Scale 166 ; 2007 9 SCC 589 ; 2007 3 SCC(Cri) 574 ; 2007 2 SCR 584 ; 2007 1 WLC 608 ; 2007 2 Supreme 245
2007(2) Supreme 245
SUPREME COURT OF INDIA
(From Madras High Court)
Dr. Arijit Pasayat and S.H. Kapadia, JJ.
Jakki @ Selvaraj & Anr.—Appellants
versus
State Rep. by the I.P.—Respondent
Criminal Appeal No. 205 of 2007
(Arising out of SLP (Crl.) No. 4768 of 2006)
Decided on 14-2-2007
Counsel for the Parties :
For the Appellants : K.V. Viswanathan, B. Raghunath, Vijay Kumar and R. Nedumaran, Advocates.
For the Respondent : V. Kanakaraj, Sr. Advocate, S. Vallinayagam, S. Prabu Ramasubramanian and V.G. Pragasam, Advocates.
IMPORTANT POINT
Maxim “falsus in uno falsus in omnibus” has no application in India and doctrine merely involves question of weight of evidence which a Court may apply in given set of circumstances.
Act Referred :INDIAN PENAL CODE : S.302, S.147, S.148, S.149
(A) The offences punishable under Sections 148 and 302 of the Indian Penal Code, 1860, are engaged when an unlawful assembly of persons armed with dangerous weapons assaults another individual with intent to cause death, and the provisions read with Section 149 IPC apply to the shared liability of conspirators in such acts. The interaction of Sections 147 and 302 IPC becomes relevant where an unlawful assembly participates in the commission of an offence punishable under Section 302, and the principles governing the liability of different accused persons are delineated by Sections 302 and 148 read with 149. The evidence of a key witness, even if partially discredited, may still sustain a conviction if the core facts are corroborated by medical evidence and the court can separate truth from falsehood.
(B) The principle of separating the grain from the chaff in evidence evaluation allows the court to convict specific accused persons even if other co-accused are acquitted, provided the remaining evidence is sufficient and credible. The discredited testimony of a witness does not automatically invalidate the entire prosecution case, and the maxim 'falsus in uno falsus in omnibus' has no general application in Indian law, being only a rule of caution for assessing weight. The court must appraise evidence holistically, considering normal discrepancies against material ones, and may rely on medical testimony to corroborate witness statements.
Facts of the case:
Six accused persons belonging to one political party had a pre-existing conflict with the deceased and another individual from a rival party. This led to an assault where the deceased and another were beaten, and the accused were prevented from participating in a ritual competition. Subsequently, all six accused persons unlawfully assembled armed with dangerous weapons and attacked the deceased and the victim's associate. While one victim escaped, the deceased was attacked in a garden and died from the injuries. The primary witnesses' testimonies were largely rejected, but medical evidence corroborated the nature of the injuries consistent with the accused's weapons.
Findings of Court:
The High Court found that while the evidence of the key witness PW-13 was not reliable in parts and was rejected in relation to some co-accused, it was sufficient to establish guilt against the two appellants. The court accepted that the injuries on the deceased were inflicted in the manner described, supporting the prosecution's version of events. The court applied the principle of separating credible evidence from unreliable portions to convict the appellants while acquitting the other accused persons.
Issues:
Whether the rejection of a material witness's evidence in part necessitates the rejection of the entire prosecution case against specific accused persons.
Whether the evidence of an injured party, corroborated by medical findings, is sufficient to uphold a conviction even when other co-accused are acquitted.
Ratio Decidendi:
The court held that the 'falsus in uno falsus in omnibus' doctrine is not a mandatory rule of evidence in India. The court has the discretion to sift through evidence, reject unreliable portions, and convict an accused if the remaining evidence is credible and sufficient to prove guilt beyond a reasonable doubt, irrespective of the acquittal of other co-accused individuals.
Result:
The appeal filed by the accused persons is dismissed, and the conviction of the two appellants under Sections 148 and 302 of the IPC is upheld.
(A) The offences punishable under Sections 148 and 302 of the Indian Penal Code, 1860, are engaged when an unlawful assembly of persons armed with dangerous weapons assaults another individual with intent to cause death, and the provisions read with Section 149 IPC apply to the shared liability of conspirators in such acts. The interaction of Sections 147 and 302 IPC becomes relevant where an unlawful assembly participates in the commission of an offence punishable under Section 302, and the principles governing the liability of different accused persons are delineated by Sections 302 and 148 read with 149. The evidence of a key witness, even if partially discredited, may still sustain a conviction if the core facts are corroborated by medical evidence and the court can separate truth from falsehood.
(B) The principle of separating the grain from the chaff in evidence evaluation allows the court to convict specific accused persons even if other co-accused are acquitted, provided the remaining evidence is sufficient and credible. The discredited testimony of a witness does not automatically invalidate the entire prosecution case, and the maxim 'falsus in uno falsus in omnibus' has no general application in Indian law, being only a rule of caution for assessing weight. The court must appraise evidence holistically, considering normal discrepancies against material ones, and may rely on medical testimony to corroborate witness statements.
Facts of the case:
Six accused persons belonging to one political party had a pre-existing conflict with the deceased and another individual from a rival party. This led to an assault where the deceased and another were beaten, and the accused were prevented from participating in a ritual competition. Subsequently, all six accused persons unlawfully assembled armed with dangerous weapons and attacked the deceased and the victim's associate. While one victim escaped, the deceased was attacked in a garden and died from the injuries. The primary witnesses' testimonies were largely rejected, but medical evidence corroborated the nature of the injuries consistent with the accused's weapons.
Findings of Court:
The High Court found that while the evidence of the key witness PW-13 was not reliable in parts and was rejected in relation to some co-accused, it was sufficient to establish guilt against the two appellants. The court accepted that the injuries on the deceased were inflicted in the manner described, supporting the prosecution's version of events. The court applied the principle of separating credible evidence from unreliable portions to convict the appellants while acquitting the other accused persons.
Issues:
Whether the rejection of a material witness's evidence in part necessitates the rejection of the entire prosecution case against specific accused persons.
Whether the evidence of an injured party, corroborated by medical findings, is sufficient to uphold a conviction even when other co-accused are acquitted.
Ratio Decidendi:
The court held that the 'falsus in uno falsus in omnibus' doctrine is not a mandatory rule of evidence in India. The court has the discretion to sift through evidence, reject unreliable portions, and convict an accused if the remaining evidence is credible and sufficient to prove guilt beyond a reasonable doubt, irrespective of the acquittal of other co-accused individuals.
Result:
The appeal filed by the accused persons is dismissed, and the conviction of the two appellants under Sections 148 and 302 of the IPC is upheld.
JUDGMENT
Dr. Arijit Pasayat, J.—Leave granted.
2. Appellants call in question legality of the judgment rendered by a Division Bench of the Madras High Court upholding the conviction of the appellants for the offence punishable under Sections 148 and 302 of the Indian Penal Code, 1860 (in short the ‘IPC’), while setting aside conviction of four co-accused persons who had been convicted by the trial Court.
3. Prosecution version in a nutshell is as follows:
There was a difference between the six accused persons who belong to Hindu People Party on one hand and Suresh (hereinafter referred to as the ‘deceased’) and witness Ananthan (PW-1) who belong to Hindu Munnani Party. On account of this difference on 14.8.2001 Ananthan (PW-1) and some others had beaten up Senthil Kumar (A-3) and on 25.8.2001 said Ananthan (PW-1) and the deceased had restrained accused persons 1 to 5 from participating in the ritual competition of climbing a tree on Vinayargar Chaturti Function. On 30.8.2001, around 4.45 p.m. with an intention of killing Ananthan (PW-1) and the deceased, all the six accused persons unlawfully assembled at a particular place armed with dangerous weapons and assaulted the deceased. Accused Nos.1 and 2 i.e. present appellants called out Ananthan and chased him but he managed to escape. But that did not deter the appellants who attacked the deceased at around 5.00 p.m. in a garden and he lost his life because of the assaults.
4. The investigation was taken up by the Police officers and on completion of investigation charge sheet was placed. The accused persons pleaded innocence and false implication and claimed to be tried.
5. In support of the prosecution version several witnesses were examined. The evidence of PWs 1, 2 and 13 was claimed to be of vital importance as they were described as eye witnesses. The trial Court found that PWs 1 and 2 resiled from the statements made by them during investigation. Relying on the evidence of PW-13 the conviction was recorded. A-1 to A-4 were convicted for offences punishable under Sections 148 and 302 IPC and A-5 to A-6 were convicted for offences punishable under Sections 147 and 302 IPC read with Section 149 IPC. All the six accused persons who were convicted preferred an appeal before the High Court which by the impugned judgment directed acquittal of four of the accused persons while confirming the conviction of A1 and A2. It was held that though the evidence of PW-13 was held to be not reliable so far as the same related to A-3 to A-6, the same was sufficient to fashion guilt on the accused appellants. It was held that his evidence was credible and cogent so far as these two accused persons are concerned.
6. In support of the appeal, learned counsel for the appellants submitted that when the evidence of PW-13 was held to be unworthy of credence for the co-accused the same should not have been utilized for holding the appellants guilty. With reference to the evidence of PWs 1 and 2 who were stated to be the eye witnesses and who resiled from their statements during investigation, it was submitted that because of admitted differences and disputes the appellants have been falsely implicated.
7. Learned counsel for the respondent-State supported the impugned judgment.
8. As noted above, stress was laid by the accused-appellants on the non-acceptance of evidence tendered by PW-13 to contend about desirability to throw out the entire prosecution case. In essence the prayer is to apply the principle of “falsus in uno falsus in omnibus” (false in one thing, false in everything). This plea is clearly untenable. Even if major portion of evidence is found to be deficient, in case residue is sufficient to prove guilt of an accused, notwithstanding acquittal of number of other co-accused persons, his conviction can be maintained. It is the duty of Court to separate the grain from the chaff. Where the chaff can be separated from the grain, it would be open to the Court to convict an accused notwithstanding the fact that evidence has been found to be deficient to prove guilt of other accused persons. Falsity of particular material witness or material particular would not ruin it from the beginning to end. The maxim “falsus in uno falsus in omnibus” has no application in India and the witnesses cannot be branded as liars. The maxim “falsus in uno falsus in omnibus” has not received general acceptance nor has this maxim come to occupy the status of a rule of law. It is merely a rule of caution. All that it amounts to, is that in such cases testimony may be disregarded, and not that it must be discarded. The doctrine merely involves the question of weight of evidence which a Court may apply in a given set of circumstances, but it is not what may be called ‘a mandatory rule of evidence’. (See Nisar Ali v. The State of Uttar Pradesh (AIR 1957 SC 366). Merely because some of the accused persons have been acquitted, though evidence against all of them, so far as direct testimony went, was the same does not lead as a necessary corollary that those who have been convicted must also be acquitted. It is always open to a Court to differentiate accused who had been acquitted from those who were convicted. (See Gurcharan Singh and Anr. v. State of Punjab ( AIR 1956 SC 460). The doctrine is a dangerous one specially in India for if a whole body of the testimony was to be rejected, because a witness was evidently speaking an untruth in some aspect, it is to be feared that administration of criminal justice would come to a dead-stop. Witnesses just cannot help in giving embroidery to a story, however true in the main. Therefore, it has to be appraised in each case as to what extent the evidence is worthy of acceptance, and merely because in some respects the Court considers the same to be insufficient for placing reliance on the testimony of a witness, it does not necessarily follow as a matter of law that it must be disregarded in all respects as well. The evidence has to be sifted with care. The aforesaid dictum is not a sound rule for the reason that one hardly comes across a witness whose evidence does not contain a grain of untruth or at any rate exaggeration, embroideries or embellishment. (See Sohrab s/o Beli Nayata and Anr. v. The State of Madhya Pradesh 1972 3 SCC 751) and Ugar Ahir and Ors. v. The State of Bihar (AIR 1965 SC 277). An attempt has to be made to, as noted above, in terms of felicitous metaphor, separate the grain from the chaff, truth from falsehood. Where it is not feasible to separate truth from falsehood, because grain and chaff are inextricably mixed up, and in the process of separation an absolutely new case has to be reconstructed by divorcing essential details presented by the prosecution completely from the context and the background against which they are made, the only available course to be made is to discard the evidence in toto. (See Zwinglee Ariel v. State of Madhya Pradesh (AIR 1954 SC 15) and Balaka Singh and Ors. v. The State of Punjab. (AIR 1975 SC 1962). As observed by this Court in State of Rajasthan v. Smt. Kalki and Anr. (AIR 1981 SC 1390), normal discrepancies in evidence are those which are due to normal errors of observation, normal errors of memory due to lapse of time, due to mental disposition such as shock and horror at the time of occurrence and those are always there, however honest and truthful a witness may be. Material discrepancies are those which are not normal, and not expected of a normal person. Courts have to label the category to which a discrepancy may be categorized. While normal discrepancies do not corrode the credibility of a party’s case, material discrepancies do so. These aspects were highlighted in Krishna Mochi and Ors. v. State of Bihar etc. (JT 2002 (4) SC 186).
9. Applying the principles set out above, it is clear that even when the testimony of a witness is discarded in part vis-a-vis some other co-accused persons, that cannot per se be the reason to discard his evidence in toto. As rightly observed by the trial Court and the High Court, the evidence of PW-13 has not been shakened in any manner though he was cross examined at length. Additionally, the trial Court and the High Court have found that the evidence of the doctor (PW-4) clearly shows existence of injuries in the manner described by PW-13 by weapons allegedly held by the appellants. In that view of the matter, the judgment of the High Court does not suffer from any infirmity. The appeal fails and is dismissed.
Appeal dismissed.