The Supreme Court on Friday said an accused in a murder case
can be convicted even in the absence of recovery of the crime weapon, if there
is direct evidence in the form of an eyewitness.
The apex court set aside the June 2018 verdict of the
Madras High Court which had acquitted three accused in a murder case.
A bench of Justices M R Shah and Krishna Murari said
the submission by the counsel for the accused that the original informant and
other independent witnesses have not been examined and recovery of weapon not
been proved, and so the accused should be acquitted cannot be accepted.
"Similarly, assuming that the recovery of the
weapon used is not established or proved also cannot be a ground to acquit the
accused when there is a direct evidence of the eyewitness," the bench
said.
"Recovery of the weapon used in the commission of
the offence is not a sine qua non to convict the accused. If there is a direct
evidence in the form of eyewitness, even in the absence of recovery of weapon,
the accused can be convicted," it said.
The bench noted that one of the prosecution witnesses
was an eyewitness and he fully supported the case.
"As per settled position of law, there can be a
conviction on the basis of the deposition of the sole eyewitness, if the said
witness is found to be trustworthy and/or reliable, it said, adding, there is
no reason to doubt the credibility or reliability of the eyewitness in the
case.
Quashing the high court judgement which had acquitted
the accused, the bench restored the trial court verdict that convicted and
sentenced them to life imprisonment.
The bench noted that the accused, who were arrested in
August 2013, were tried for committing murder of a man.
According to the prosecution, the accused had
obstructed the car, in which the victim and others were travelling, and
assaulted him due to which he sustained injuries and died on the spot.
After the trial court convicted the three accused,
they approached the high court which acquitted them.
While allowing the appeals filed by the state, the
apex court directed the accused to surrender within six weeks before the court
concerned or jail authorities to undergo the sentence.
The bench directed that if the accused do not
surrender within the time stipulated, the court concerned or superintendent of
police will take them into custody to serve out the sentence.