NAGARAJ REDDYversusSTATE OF TAMIL NADU

                 [2023] 14 S.C.R. 457 : 2023 INSC 269



                            CASE DETAILS
                          NAGARAJ REDDY
                                     v.
                       STATE OF TAMIL NADU
                   (Criminal Appeal No. 886 of 2023)
                            MARCH 21, 2023
              [B. R. GAVAI AND VIKRAM NATH, JJ.]
                             HEADNOTES


      Issue for consideration: Concurrent conviction of the appellant-
accused No.1 for offences punishable u/ss.302, 341 IPC primarily on the
basis of evidence of PW-1, an interested witness, if justified.
      Evidence – Interested witness – Previous enmity – Conviction based
solely on the testimony of interested witness, without corroboration of
such testimony – Legality:
      Held: PW-1 is an interested witness, being the brother of the
deceased – He admitted that there existed previous enmity between the
parties wherein the deceased and his wife-PW-3 were injured after a
scuffle between the parties and the trial with regard to that incident was
ongoing – Previous enmity is a double-edged sword – On the one hand,
it provides for the motive and on the other hand, the possibility of false
implication cannot be ruled out – PW-1 was found to be unreliable by
the trial court insofar as the other accused are concerned, except accused
Nos.1 and 3 – Other witnesses, including PW-3, wife of the deceased, only
stated that all of the accused persons came to their home in the village and
exhorted that they had killed the deceased – On the basis of very same
evidence, all the accused, except accused No.1-appellant and accused No.3
were acquitted by the trial court – High Court disbelieved the testimony
of PW-1 insofar as accused No.3 is concerned and he was acquitted on
the ground that he was arrested by the police within few days after the
incident (which happened on 14.09.2004), whereas the arrest is shown on
22.09.2004 – Reasoning given by the High Court in distinguishing the case

                                    457
458           SUPREME COURT REPORTS                         [2023] 14 S.C.R.


of the present appellant as against accused No.3 is totally perfunctory–
Appellant’s conviction could not have been based solely on the testimony
of PW-1, without corroboration – Impugned judgment quashed and set
aside – Appellant acquitted of all the charges levelled against him – Penal
Code, 1860 – ss.302, 341. [Paras 9-13, 15, 16 and 18]
       LIST OF CITATIONS AND OTHER REFERENCES
     Khema alias Khem Chandra etc. vs. State of Uttar Pradesh 2022
SCC-OnLine SC 991: Vadivelu Thevar vs. State of Madras [1957] SCR
981 – relied on.
       OTHER CASE DETAILS INCLUDING IMPUGNED
              ORDER AND APPEARANCES
     CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No.
886 of 2023.
     From the Judgment and Order dated 31.03.2022 of the High Court of
Judicature at Madras in CRLA No.34 of 2019.
      Appearances:
    Venugopala Gowda, Sr. Adv., Shiva Krishnamurti, Balaji Srinivasan,
Advs. for the Appellant.
      Dr. Joseph Aristotle S., Shobhit Dwivedi, Ms. Vaidehi Rastogi, Advs.
for the Respondent.
       JUDGMENT / ORDER OF THE SUPREME COURT
                                JUDGMENT
B. R. GAVAI, J.
      1. This appeal challenges the judgment and order dated 31st March
2022, passed by the High Court of Judicature at Madras in Criminal Appeal
No. 34 of 2019, wherein the High Court dismissed the appeal preferred by
accused No. 1, appellant herein, against the judgment and order of conviction
dated 20th December 2018, passed by the Additional District and Sessions
Judge, Hosur (hereinafter referred to as ‘trial court’), in S. C. No. 7 of 2007,
for the offences punishable under Sections 302 and 341 of the Indian Penal
Code, 1860 (for short ‘IPC’), sentencing him to undergo life imprisonment.
        NAGARAJ REDDY v. STATE OF TAMIL NADU                             459
                   [B. R. GAVAI, J.]

     2. The case of the prosecution in a nut shell is as follows:
      2.1. One Rajappa (the deceased) along with all other accused persons,
including the appellant herein, hail from Oozhiyalam village in Krishnagiri
district. It is pertinent to note that the deceased and the accused persons
belong to different communities. Radha (PW-3), wife of Rajappa, was the
president of the local Outreach Women Self Help Group.
      2.2. A portion of land in Oozhiyalam village was purchased by the
aforesaid Self Help Group. To build a compound wall around the said land,
a contract for building the same was given to the people hailing from the
deceased’s community. Such an act inflamed tensions between the two
communities and several quarrels ensued, one of which led to criminal
cases being registered against both the parties in the Bagalur Police
Station. Both the parties were facing prosecution in the Court of Judicial
Magistrate, Hosur.
      2.3. While the situation stood thus, Rajappa, on 14 th September 2004
at around 10 AM, left his home on his motorcycle along with his elder
brother Narayanappa (PW-1) to depose before the Court of the Judicial
Magistrate, Hosur. On their way to Court, accused Nos. 1 to 5 waylaid them
near a check post, quickly sprinkled chili powder on the face of Rajappa
and hacked him to death. It is specifically alleged that the present appellant
threw chili powder on Rajappa and subsequently used his sickle to deliver
a blow on the left side of Rajappa’s head. After committing the crime,
all the accused went back to the village and pelted stones at the house of
Rajappa while loudly proclaiming that they had finished Rajappa off, and
that other members of Rajappa’s family would meet the same fate too. In
the meanwhile, Narayanappa(PW-1), who had escaped from the place of
occurrence, ran back to the village and informed Radha about the attack
on Rajappa. Thereafter, they along with others, returned to the place of
occurrence. In the meanwhile, the son of Koopaliappa, who is Rajappa’s
brother, rushed to the Bagalur Police Station to lodge a complaint, whereas
Koopaliappa (PW-4) himself rushed to the check post where he found his
brother Rajappa dead.
     2.4 Thereafter, on the basis of the statement given by PW-1 to
Rajsekhar (PW-11), the Village Administrative Officer, which was treated
as a complaint, a case being Crime No. 251 of 2004 was registered at
460          SUPREME COURT REPORTS                        [2023] 14 S.C.R.


HUDCO Police Station on the same day, i.e. 14th September 2004, at
around 1 PM, for the offences punishable under Sections 147, 148, 341
and 302 of the IPC, against five accused persons, including accused No.
1- Nagaraja Reddy, the appellant herein. Muthamizh Mudalvan (PW-16),
the Investigating Officer (IO), prepared a mahazar report and, thereafter,
conducted an inquest over the dead body of Rajappa. The dead body of
Rajappa was then sent to Government Hospital, Hosur, where an autopsy
was performed and the cause of death was determined to be injury to a vital
organ, i.e. the brain. The IO, thereafter, arrested accused Nos. 2 to 5, with
the date of their arrest being shown as 22nd September 2004. On the very
next day, i.e. 23rd September 2004, the appellant herein surrendered before
the Judicial Magistrate Krishnagiri and, on 1st October 2004, he was taken
into police custody.
      2.5 During the course of investigation, the role of accused Nos. 6 to
13 came to the fore and they too were arrested, on the allegation that they
had conspired to get rid of Rajappa, a prominent figure of his community.
Thereafter, the trial commenced where all the accused pleaded not guilty.
Nagi Reddy, accused No. 2, perished during the course of trial and as such,
the trial against him abated.
      2.6 At the conclusion of trial, the trial court, vide its judgement and
order dated 20th December 2018, acquitted accused Nos. 4 to 13 but convicted
accused Nos. 1 and 3 for the offences punishable under Sections 302 and
341 of the IPC and sentenced them to undergo life imprisonment along with
a fine of Rs. 1500/-. The trial court largely relied on the testimonies of PWs
1, 3 and 4 for convicting them.
     3. Aggrieved by their conviction and sentence, accused Nos. 1 and
3 preferred an appeal before the High Court. Pertinently, the State did not
prefer any appeal against the acquittal of accused Nos. 4 to 13. The High
Court, vide the impugned judgment and order, confirmed the conviction
and sentence imposed on the appellant herein but acquitted Sridhar Reddy,
accused No. 3 of all the charges levelled against him, finding that, while he
had been arrested a few days after the incident, the date of his arrest was
shown only as 22nd September 2004.
      4. Hence, the present appeal.
        NAGARAJ REDDY v. STATE OF TAMIL NADU                                461
                   [B. R. GAVAI, J.]

     5. We have heard Shri Venugopala Gowda, learned Senior Counsel
appearing for the appellant and Dr. Joseph Aristotle S., learned counsel
appearing for the respondent-State.
      6. It is submitted on behalf of the appellant that the High Court has
grossly erred in convicting the appellant for the offences punishable under
Sections 302 and 341 of the IPC. He submitted that on the basis of the
evidence of Narayanappa (PW-1), accused No. 3 – Sridhar Reddy has been
acquitted. He further submitted that, the conviction of the appellant on the
basis of the same is not tenable in law.
      7. Dr. Joseph Aristotle S., on the contrary, submitted that the trial court
as well as the High Court has concurrently, found the present appellant guilty
of the offence on the basis of appreciation of evidence. He submits that no
perversity could be noticed in the concurrent findings of fact.
     8. The conviction by the trial court and the High Court is primarily on
the basis of evidence of Narayanappa (PW-1).
      9. Narayanappa (PW-1), in his evidence, has stated about the deceased’s
previous enmity with the accused persons in the year 2002, wherein the
deceased and his wife Radha (PW-3) had gotten injured after a scuffle
between the parties. PW-1 also stated that the trial with regard to that incident
was ongoing in the Judicial Magistrate Court, Hosur. PW-1 further stated that
on 14th September 2004 at around 09:45 hours, he and his deceased brother
were riding on a TVS 50 motor vehicle. When they were riding towards
MS Nursery Farm, accused No. 1 – Nagaraja Reddy, accused No. 2 – Nagi
Reddy, accused No. 3 – Sridhar Reddy, accused No. 4 – Krishna Reddy and
accused No. 5 – Ranganatha Reddy, stopped them by brandishing harvest
knives and then threw chili powder in their eyes. He stated that accused
No. 1 – present appellant, stabbed the deceased with a harvest knife, due to
which the deceased Rajappa fell down. Thereafter, accused No. 2 – Nagi
Reddy attacked him with a harvest knife with considerable force on his right
leg. Resultantly, his leg was severed into two parts. PW-1 further stated
that, thereafter, accused No. 3 – Sridhar Reddy attacked the deceased on
his left foot. After that, accused No. 4 – Krishna Reddy attacked him on
the middle part of the deceased’s head. He submitted that, thereafter, he
ran through a short cut route and informed Radha (PW-3), wife of Rajappa
about the said incident.
462            SUPREME COURT REPORTS                        [2023] 14 S.C.R.


      10. Insofar as other witnesses are concerned, undisputedly, none of
them is an eye witness. The other witnesses, including Radha (PW-3), wife
of the deceased, only stated that all of the accused persons came to their
home in the village and exhorted that they had killed Rajappa.
      11. On the basis of the very same evidence, all the accused, except
accused No. 1 – present appellant and accused No. 3 – Sridhar Reddy, were
acquitted by the trial court. The High Court acquitted accused No. 3 - Sridhar
Reddy, only on the ground that he was arrested by the police within few
days after the incident, whereas the arrest is shown on 22nd September 2004.
The present appellant was convicted on the ground that he was absconding
after the incident and that he surrendered voluntarily before the Magistrate
on 23rd September 2004.
     12. We find that the reasoning given by the High Court in distinguishing
the case of the present appellant as against accused No. 3 is totally
perfunctory.
      13. Undisputedly, Narayanappa (PW-1) is an interested witness, being
the brother of the deceased. He has also admitted that there existed previous
enmity between the parties. As held by this Court in a catena of cases
including a recent decision in the case of Khema alias Khem Chandra etc.
vs. State of Uttar Pradesh1, previous enmity is a double-edged sword. On
the one hand, it provides for the motive and on the other hand, the possibility
of false implication cannot be ruled out.
     14. This Court in the case of Vadivelu Thevar vs. State of Madras2
has held thus:
       “11. .…… Hence, in our opinion, it is a sound and well-established
       rule of law that the court is concerned with the quality and not with
       the quantity of the evidence necessary for proving or disproving a fact.
       Generally speaking, oral testimony in this context may be classified
       into three categories, namely:
       (1) Wholly reliable.



1     2022 SCC-OnLine SC 991
2     (1957) SCR 981
         NAGARAJ REDDY v. STATE OF TAMIL NADU                               463
                    [B. R. GAVAI, J.]

      (2) Wholly unreliable.
      (3) Neither wholly reliable nor wholly unreliable.
      In the first category of proof, the court should have no difficulty in
      coming to its conclusion either way – it may convict or may acquit on
      the testimony of a single witness, if it is found to be above reproach
      or suspicion of interestedness, incompetence or subornation. In the
      second category, the court equally has no difficulty in coming to its
      conclusion. It is in the third category of cases, that the court has to be
      circumspect and has to look for corroboration in material particulars
      by reliable testimony, direct or circumstantial…”
      15. Undisputedly, Narayanappa (PW-1) has been found to be unreliable
by the trial court insofar as the other accused, except accused Nos. 1 and 3,
are concerned. The High Court has also disbelieved the testimony of PW-1,
insofar as accused No. 3 is concerned.
      16. In that view of the matter, we are of the considered opinion
that the conviction could not have been based solely on the testimony of
Narayanappa (PW-1), without corroboration of his testimony.
      17. In the result, the appeal is allowed.
      18. The impugned judgment dated 31 st March 2022, passed by the
High Court of Judicature at Madras, thereby confirming the conviction and
sentence of the present appellant passed by the trial court, vide its judgment
and order dated 20th December 2018, are quashed and set aside. The appellant
herein is acquitted of all the charges levelled against him and is directed to
be set at liberty forthwith, if not required in any other case.
      19. Pending application(s), if any, shall stand disposed of.


Headnotes prepared by:                                            Appeal allowed.
Divya Pandey