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Kallu vs. The State of Uttar Pradesh

Criminal Appeal · 2023 INSC 534Decided 15 May 2023
Criminal Appeal No. 1446 of 2014
Abhay S. Oka · Rajesh Bindal

Background

On 27 March 1982, Durga was murdered by his own son Malkhan, grandson Kallu (the appellant), and one Mata Din, arising from a long-standing dispute over ancestral agricultural land. The prosecution's case, based on eyewitness accounts of Durga's other son (Mullu) and a cousin (Phoola), was that after Durga objected to the accused cutting crops on disputed land, Malkhan struck him with an axe, and all three accused then attacked him, ultimately beheading him. The Trial Court convicted all three under Section 302 IPC and sentenced them to life imprisonment, and the Allahabad High Court upheld the conviction. Kallu appealed to the Supreme Court, arguing he was falsely implicated because of the property dispute and that the eyewitnesses were biased.

Decision Breakdown

The Supreme Court examined the appellant's arguments that the informant (his uncle Mullu) had a motive to falsely implicate him to grab the ancestral property, and that the other eyewitness (Phoola) was an "interested witness" due to family ties and an old grudge. The Court found both eyewitnesses' testimony credible and consistent, noting they withstood cross-examination and that there was no documentary evidence to support the claim of a prior grudge affecting Phoola's credibility. The Court held that mere family relationship with the deceased does not, by itself, discredit a witness's testimony, especially when it is corroborated by the post-mortem report and there is no material contradiction between the two eyewitness accounts. Finding the murder motive (denial of property share) clearly established and the gruesome manner of the killing corroborated by medical evidence, the Court found no error in the High Court's judgment and dismissed the appeal, directing the appellant to surrender to serve out his sentence.

Lesson Learnt

A witness cannot be discredited merely because they are a relative of the victim or share a family connection with the accused. Courts assess credibility based on consistency, corroboration with medical/forensic evidence, and how the testimony withstands cross-examination, not on relationship alone.

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

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