Evidence Of Injured Witness Has Greater Evidentiary Value, Their Statements Can’t Be Discarded Lightly: Supreme Court

While dismissing the appeal pleas of two murder convicts, the Supreme Court of India reiterated certain important principles on the appreciation of oral evidence of injured eye witnesses during the trial stage. “The evidence of injured witness has greater evidentiary value and unless compelling reasons exist, their statements are not to be discarded lightly”, a Bench of Justices Sudhanshu Dulia and JB Pardiwala stated. “The oral evidence of all the three eyewitnesses is consistent and there is no good reason for us to disbelieve the ocular version as narrated by the three eyewitnesses…” The Bench further pointed out that the Top Court, normally would not interfere with the concurrent findings of fact, except in very special circumstances or in the case of a gross error committed by the courts below. We are also not to interfere only for the reason that we may arrive at a different conclusion, unless, of course, there are compelling circumstances to tinker with conclusions drawn and that the accused were innocent/guilty.” Applicability Of Exception 4 To Section 300 IPC While dealing with this aspect, the Court relied on the principles enumerated in State of Andhra Pradesh v. Rayavarapu Punnayya and Another which laid down the distinction between murder and the culpable homicide.