Non-Examination of Independent Witness Not Fatal If Injured Eyewitness Testimony Is Of Sterling Quality : Supreme Court

The Supreme Court on Wednesday upheld the conviction in a murder case, noting that non-examination of an independent witness would not prove fatal to the prosecution's case when the sole testimony of the injured witness was reliable, credible, and consistent.

“…convictions on the basis of the testimony of a singular eyewitness is also permissible. After all, evidence on record is to be measured for quality, not on the basis of quantity.”, observed a bench of Justices Sanjay Karol and N. Kotiswar Singh, while dismissing an appeal filed by a father-son duo, convicted and sentenced to Rigorous Imprisonment for life under Section 302 and 149 read with Section 120B of Indian Penal Code, 1860 for committing an offence of Murder.

The Patna High Court, while affirming the conviction, had rejected the testimony of four eyewitness citing inconsistencies in their statements, however, found the injured witness testimony to be of 'sterling quality'.

Affirming the High Court's decision, the judgment authored by Justice Karol observed that the regardless of the non-availability of the independent witness reliable testimony, the sole testimony of the injured witness cannot be brushed aside, especially when it was found out to be of sterling quality.

“Since PW-5 has withstood the test of cross-examination is an undisputed eyewitness to the incident and is also an injured witness, his testimony would be at a higher pedestal. As such, this factor too would count towards the guilt of the appellant - convicts.”, the court said.

In terms of the aforesaid, the appeal was dismissed, and the conviction was upheld.

Cause Title: ADALAT YADAV ETC. VERSUS THE STATE OF BIHAR

Citation : 2026 LiveLaw (SC) 415

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Appearance:

For Appellant(s) : Mr. Ashwani Kumar Singh, Sr. Adv. Mr. Ashish Anshuman, Adv. Mr. Chandra Bhushan Prasad, AOR

For Respondent(s) : Mr. Azmat Hayat Amanullah, AOR Ms. Rebecca Mishra, Adv.