LAW FOR ALL

Section 498A and Section 302 read with Section 34 of the IPC.= where some part of evidence is not believable, it does not mean that entire case is false, court can take aid of sec.106 of Indian Evidence Act to do justice = “The maxim “falsus in uno falsus in omnibus” has no application in India and the witnesses cannot be branded as liars. This maxim has not received general acceptance nor has it come to occupy the status of a rule of law. It is merely a rule of caution. All that it amounts to is that in such cases testimony may be disregarded, and not that it must be disregarded. The doctrine merely involves the question of weight of evidence which a court may apply in a given set of circumstances, but it is not what may be called “a mandatory rule of evidence”. The doctrine is a dangerous one, especially in India for if a whole body of the testimony were to be rejected, because a witness was evidently speaking an untruth in some aspect, it is to be feared that administration of criminal justice would come to a dead stop. Witnesses just cannot help in giving embroidery to a story, however true in the main. Therefore, it has to be appraised in each case as to what extent the evidence is worthy of acceptance, and merely because in some respects the court considers the same to be insufficient for replacing reliance on the testimony of a witness, it does not necessarily follow as a matter of law that it must be disregarded in all respects as well. The evidence has to be sifted with care. Falsity of a particular material witness or a material particular would not ruin it from the beginning to end. The aforesaid dictum is not a sound rule for the reason that one hardly comes across a witness whose evidence 2 (2003) 7 SCC 643 does not contain a grain of untruth or at any rate exaggeration, embroideries or embellishment.” - while dealing with Section 106 of the Evidence Act, this Court observed as under: “A fact otherwise doubtful may be inferred from certain other proved facts. When inferring the existence of a fact from other set of proved facts, the court exercises a process of reasoning and reaches a logical conclusion as to the most probable position. The above position is strengthened in view of Section 114 of the Evidence Act, 1872. It empowers the court to presume the existence of any fact which it thinks likely to have happened. In that process, the courts shall have regard to the common course of natural events, human conduct, etc. in addition to the facts of the case. In these circumstances, the principles embodied in Section 106 of the Evidence Act can also be utilized. Section 106 however is not intended to relieve the prosecution of its burden to prove the guilt of the accused beyond reasonable doubt, but it would apply to cases where the prosecution has succeeded in proving facts from which a reasonable inference can be drawn regarding the existence of certain other facts, unless the accused by virtue of his special knowledge regarding such facts, has offered an explanation which might drive the court to draw a different inference.” - PW-5 Dr. Rajabalan has stated that if poison had been consumed prior to the head injury, it would have reached the liver and kidney. He has added that if poison is administered to a person when he is in an unconscious state there is a possibility that it would reach the stomach and intestine. = A1-Babu first caused the head injury to the deceased and when she became unconscious in order to create evidence to suggest that the deceased committed suicide, he administered poison to her. It reached her stomach and intestine but before it could reach the kidney and liver she died. When she succumbed to the head injury, the poison did not pass on to the liver and kidney. The High Court has rightly observed that this is the reason why there is no evidence of any resistance being offered by the deceased and no bruises were found on her lips. The trial court has convicted A1-Babu for offence punishable under Section 304 Part I of the IPC and not for offence punishable under Section 302 of the IPC on the ground that the deceased had suffered only one head injury. The High Court has concurred with the trial court. We see no reason to interfere with the impugned order. In the circumstances, we confirm the conviction of A1- Babu and A2-Pappathi for offence punishable under Section 498A of the IPC. We confirm the sentence imposed on A1- Babu for the offence under Section 498A of the IPC. We find from the letter dated 17/5/2013 sent by the Principal District and Sessions Judge, Coimbatore that A2-Pappathi has already undergone one year and four months sentence. In the peculiar facts of the case we direct that the sentence already undergone by A2-Pappathi be treated as sentence for the offence under Section 498A of the IPC. We confirm the conviction and sentence of A1-Babu for offence punishable under Section 304 Part I of the IPC. However, we quash and set aside the conviction and sentence of A2- Pappathi for offence punishable under Section 304 Part I read with Section 109 of the IPC. There is, therefore, no question of her surrendering to the Court. As per order passed by this Court on 8/10/2007, she is on bail. Her bail bond shall stand discharged. As per the order of this Court dated 8/10/2007, A1-Babu is also on bail. Since we have confirmed his conviction and sentence, we direct that he should surrender before the Principal Sessions Judge, Coimbatore to serve out the remaining sentence. His bail bond shall stand cancelled. Needless to say that A1-Babu’s sentence for offences punishable under Sections 498A and 304 Part I of the IPC shall run concurrently.