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Dinesh Sahu alias Dinnu vs. The State of Madhya Pradesh

Not available · 2024 INSC 740Decided 22 Aug 2024
Not available
Justice Bela M. Trivedi · Justice Satish Chandra Sharma

Background

The appellant and a co-accused, following a pre-existing enmity, allegedly attacked and killed a tea-stall owner with a sword and khukri (a curved knife) in front of witnesses. The Trial Court convicted both under Section 302 read with Section 34 IPC, and the Madhya Pradesh High Court confirmed the conviction. The appellant challenged the conviction before the Supreme Court, arguing that most prosecution witnesses had turned hostile.

Decision Breakdown

The Supreme Court held that a witness turning hostile does not automatically destroy the prosecution's case: the remaining, unshaken testimony can still be relied upon. Here, the informant had admitted his signature on the immediate incident report, a panch witness credibly supported the recovery of the murder weapon (khukri) from the appellant's house, and forensic evidence confirmed the deceased's blood group on that weapon. Given these corroborating facts and the concurrent findings of two lower courts, the Court found no reason to interfere and dismissed the appeal.

Lesson Learnt

A criminal conviction can stand even when several witnesses turn hostile at trial, so long as other reliable evidence (such as forensic reports, weapon recovery, and unshaken eyewitness testimony) independently proves guilt beyond reasonable doubt.

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

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