Minor Discrepancies in Witness Testimonies Not Enough to Overturn Verdict; Presence in Unlawful Assembly Establishes Vicarious Liability
In a significant ruling, the Allahabad High Court has upheld the conviction of Sanwarey in the brutal murder of Bideshi Kurmi, affirming the earlier decision by the Sessions Court. The judgment, delivered on February 2, 2026, by a bench comprising Justices Chandra Dhari Singh and Chawan Prakash, emphasized the sufficiency of evidence and the role of vicarious liability under Section 149 of the Indian Penal Code (IPC).
The case revolved around the gruesome murder of Bideshi Kurmi, which occurred on April 7, 1985, in the village of Gajauli, District Basti. The prosecution's case was built on the eyewitness accounts provided by Smt. Murta, the widow of the deceased, and other villagers, who identified the accused based on familiarity and the moonlit conditions on the night of the crime.
Despite arguments from the defense highlighting contradictions in witness testimonies and alleged lapses in the investigation, the High Court found these discrepancies to be minor and insufficient to undermine the core of the prosecution's case. The court noted that such contradictions are natural given the traumatic circumstances and rural backgrounds of the witnesses.
The court also dismissed the defense's argument regarding insufficient lighting conditions, pointing out that the witnesses were familiar with the accused and could identify them by their features and voices.
In its judgment, the High Court reiterated the principles of vicarious liability under Section 149 IPC, holding that membership in an unlawful assembly is sufficient to establish guilt for crimes committed in pursuit of the assembly's common object. The court underscored that each member of the assembly is equally liable for the offense, regardless of their direct involvement in the act.
The High Court's decision emphasized the credibility of eyewitness testimonies corroborated by material evidence, including postmortem findings that confirmed the severity and nature of the injuries inflicted on the deceased.
The ruling marks the conclusion of a lengthy legal process, with the court directing the appellant Sanwarey to surrender and serve his sentence. The judgment reinforces the legal principle that minor discrepancies in witness accounts and investigative lapses do not inherently invalidate a well-corroborated prosecution case.
Bottom Line:
Conviction under Sections 302/149 IPC upheld - Minor discrepancies in witness testimony do not undermine the prosecution case if the testimony has a ring of truth and is corroborated by other evidence - Presence in unlawful assembly sufficient for vicarious liability under Section 149 IPC.
Statutory provision(s): Sections 147, 148, 302/149 IPC, Section 313 CrPC
The judgment serves as a reminder of the importance of evaluating evidence in its entirety and the role of vicarious liability in cases involving unlawful assemblies. The decision is likely to be referenced in future cases dealing with similar legal questions and underscores the judiciary's commitment to ensuring justice in heinous crimes.
Achhaibarrs v. State of U.P., (Allahabad)(DB) : Law Finder Doc id # 2848437
