AIR 2001 SUPREME COURT 3173 ::2001 AIR SCW 2833 ::2001 AIR - Jhar. H. C. R. 367 ::2001 (3) CurCriR 145 ::(2001) 3 AllCriR 2046 ::2002 CriLR(SC&MP) 155 ::2001 (7) SCC 318 ::2001 SCC(Cri) 1009 ::2001 (3) RecCriR 722 ::(2001) 5 Scale 41 ::2002 CriLR(SC MAH GUJ) 155 ::2001 (3) AllCriLR 682 ::(2002) 3 Bom CR 360 ::2001 (3) BLJR 1777 ::2002 (2) GujLR 1442 ::(2001) 3 EastCriC 329 ::2001 (3) PatLJR 198 ::2001 (3) SCJ 334 ::2001 (3) LRI 1127 ::2001 (3) Crimes 458 ::2001 (2) UC 514 ::2001 (5) Supreme 617 ::2001 All MR(CRI) 1930 ::2001 (3) BLJ 253 ::2001 (43) AllCriC 614 ::(2002) SC Cr R 143 ::2001 (8) SRJ 84 ::(2001) 6 JT 515 (SC) ::2001 (6) JT 515

Supreme Court Of India

(From : Patna)

Hon'ble Judge(s): K. T. Thomas, R. P. Sethi , JJ

(A) Evidence Act (1 of 1872) , S.3— Inimical witness - Reliability - Enmity alleged as motive for crime - Testimony of eye witness which is consistent and convincing - Cannot be rejected or mere existence of enmity. Enmity is a double edged weapon which can be a motive for the crime as also the ground for false implication of the accused persons. In case of inimical witnesses, the Courts are required to scrutinize their testimony with anxious care to find out whether their testimony inspires confidence to be acceptable notwithstanding the existence of enmity. Where enmity is proved to be the motive for the commission of the crime, the accused cannot urge that despite proof of the motive of the crime, the witnesses proved to be inimical should not be relied upon. Bitter animosity held to be a double edged weapon may be instrumental for false involvement or for the witnesses inferring and strongly believing that the crime must have been committed by the accused. Such possibility has to be kept in mind while evaluating the prosecution witnesses regarding the involvement of the accused in the commission of the crime. Testimony of eye-witnesses, which is otherwise convincing and consistent, cannot be discarded simply on the ground that the deceased were related to the eye-witnesses or previously there were some disputes between the accused and the deceased or the....