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Bahadur Singh v. State of Madhya Pradesh

Criminal Appeal · Neutral citation not assigned (Criminal Appeal Nos. 1095-1097 of 2011)Decided 3 Jun 2014
Criminal Appeal Nos. 1095-1097 of 2011
Justice J.S. Khehar · Justice C. Nagappan

Background

Five men appealed their convictions for joining an armed attack that killed Babu Lal as he returned from agricultural work. The High Court had acquitted eight other accused but found the five appellants' participation proved. They argued that the victim's brother was an unreliable eyewitness and that the police report was suspect.

Decision Breakdown

The Court dismissed the appeals and upheld the convictions and life sentences. It found the brother's presence at the scene natural and his testimony credible despite lengthy cross-examination. His failure to intervene was understandable because armed attackers had threatened him and assaulted another person who approached. Medical evidence and weapons recovered on the appellants' information corroborated his account, and the police-report timing did not create a material doubt. The acquittal of other accused did not discredit the separately established participation of these five.

Lesson Learnt

An eyewitness is not unreliable merely because fear prevented an attempt to rescue the victim. Courts assess the witness's account alongside corroborating evidence and each accused person's proved role.

Official source (sci.gov.in)View Judgment (PDF)

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