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Cases/(2022) 12 SCC 200
Landmark JudgmentDismissed
(2022) 12 SCC 200Supreme Court of India

Rajesh Yadav v. State of UP

Related Witnesses Are Not Interested Witnesses - Quality Over Quantity of Evidence

4 February 2022Justice Sanjay Kishan Kaul, Justice M.M. Sundresh
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TL;DR

The Supreme Court laid down important principles on witness examination in criminal trials. A related witness is not automatically an interested witness - the witness becomes interested only if there is evidence of motive to falsely implicate the accused. The Court also emphasized that evidence must be weighed, not counted - a single credible witness is sufficient for conviction.

The Bottom Line

Just because a witness is related to the victim does not make their testimony unreliable. Courts should focus on quality of evidence, not quantity. A single credible witness can lead to conviction.

Case Timeline

The journey from FIR to Supreme Court verdict

event
17 Sept 2004

Incident

Two persons killed in election-related violence

filing
17 Sept 2004

FIR Lodged

FIR registered within an hour of the incident

judgment
1 Jan 2021

High Court Judgment

Convictions under Section 302 upheld, Section 307 set aside

judgment
4 Feb 2022

Supreme Court Judgment

Appeals dismissed, conviction upheld

The Story

On September 17, 2004, two persons were killed in a violent attack arising from an election-related dispute between two factions. Multiple bullet injuries caused the deaths. An FIR was lodged within an hour by PW-1, who was the nephew of one deceased.

The trial court convicted the accused. The High Court upheld the convictions for murder (Section 302 IPC) and under Arms Act, but set aside convictions under Section 307 IPC (attempt to murder).

The appellants challenged before the Supreme Court arguing that the witnesses were relatives of the deceased and therefore interested witnesses whose testimony should be viewed with suspicion.

The Supreme Court examined the principles governing examination of witnesses, the distinction between related and interested witnesses, and the evidentiary value when witnesses turn hostile.

Legal Issues

Click each question to reveal the Supreme Court's answer

1Question

What is the distinction between a "related witness" and an "interested witness"?

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1SC Answer

A related witness is someone who is related to the victim by blood or marriage. An interested witness is one who has a stake in the outcome and a motive to falsely implicate the accused. A related witness does not automatically become an interested witness unless there is evidence of animosity or motive to falsely implicate.

Clarifies that relationship alone does not make testimony suspicious.

2Question

Should evidence be weighed or counted?

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2SC Answer

Evidence must be weighed, not counted. The quality and credibility of evidence matters more than the number of witnesses. A single credible witness is sufficient for conviction if the testimony is trustworthy and consistent.

Rejects the notion that multiple witnesses are necessary for conviction.

3Question

What is the effect of hostile witnesses?

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3SC Answer

Even if witnesses turn hostile, their prior statements and the portions of their testimony that are not retracted can be relied upon. The fact that some witnesses turned hostile does not automatically mean the prosecution case fails.

Prevents accused from benefiting from witness intimidation.

4Question

How should witness examination be conducted?

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4SC Answer

Trial courts should complete examination of private witnesses (both chief and cross) on the same day as far as possible. Private witnesses should be examined first, before official witnesses, to minimize the impact of delay and potential for them to turn hostile.

Procedural guidance to prevent witnesses from being influenced.

Arguments

The battle of arguments before the Supreme Court

Petitioner

Vihaan Kumar

1

Witnesses are relatives

The key witnesses are relatives of the deceased and therefore interested in securing conviction.

2

Hostile witnesses

Several witnesses turned hostile, casting doubt on the prosecution case.

3

Investigating Officer not examined

The investigating officer did not depose properly before the court.

Respondent

State of Haryana

1

Related not interested

Being related does not make a witness interested. There is no evidence of false implication motive.

2

Eyewitness testimony credible

The eyewitnesses gave consistent testimony that was not shaken in cross-examination.

3

Prompt FIR

FIR was lodged within an hour, ruling out fabrication.

Court's Analysis

How the Court reasoned its decision

The Supreme Court upheld the conviction, rejecting the argument that testimony of related witnesses should be viewed with suspicion. The Court emphasized that natural witnesses (those present at the scene) are often related to the victims, and disbelieving them solely because of relationship would defeat justice in most cases.

A related witness cannot be considered as an interested witness. A related witness would become an interested witness only when he is desirous of implicating the accused in rendering a conviction, on purpose.

Clarifies the distinction between related and interested witnesses.

Evidence has to be weighed and not counted. A single credible witness could suffice for conviction.

Quality over quantity principle for evidence.

Under Section 173(2) of CrPC, the final report forms a mere opinion of the investigating officer on the evidence pieced together by him. The truth of such a report can only be decided by the court.

Limits the evidentiary value of investigation report.

Trial courts shall endeavor to complete the examination of private witnesses both chief and cross on the same day as far as possible.

Procedural direction to prevent witness tampering.

Dismissed

The Verdict

Relief Granted

The conviction was upheld. The Court confirmed the High Court judgment.

Directions Issued

  • Related witnesses should not automatically be treated as interested witnesses
  • Trial courts should complete witness examination on same day where possible
  • Private witnesses should be examined before official witnesses
  • Evidence should be weighed, not counted

Key Legal Principles Established

1

A related witness is not automatically an interested witness.

2

A witness becomes "interested" only when there is evidence of motive to falsely implicate.

3

Evidence must be weighed, not counted - quality over quantity.

4

A single credible witness is sufficient for conviction.

5

Even hostile witnesses' prior statements can be relied upon.

6

Trial courts should complete witness examination on the same day.

7

Private witnesses should be examined before official witnesses.

8

Investigation report under Section 173(2) CrPC is mere opinion, not evidence.

Key Takeaways

What different people should know from this case

  • If you witness a crime involving your relatives, your testimony is still valid and important.
  • Being related to the victim does not disqualify you as a witness.
  • Courts will evaluate whether your testimony is truthful, not just whether you are related.
  • One truthful witness can be enough to convict the guilty.

Watch & Learn

Video explanations in multiple languages

Frequently Asked Questions

Yes, absolutely. Family members are often the natural witnesses to crimes. Their testimony is valid unless there is evidence that they have a motive to falsely implicate the accused.
Yes. Under Section 134 of the Evidence Act, no particular number of witnesses is required. A single credible witness can lead to conviction.
Even if witnesses turn hostile, the court can rely on their prior statements and the portions of their testimony that remain consistent.
Trial courts should try to complete both chief examination and cross-examination of private witnesses on the same day to minimize the risk of witnesses being influenced.

DISCLAIMER: This case summary is for educational and informational purposes only. It does not constitute legal advice. For advice on your specific situation, please consult a qualified advocate. JurisOptima is not responsible for any actions taken based on this information.

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