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Supreme Court of India 2018-03-27 dismissed

Ganapathi & Anr vs State of Tamil Nadu

Bench: 2 — N.V. Ramana

In Brief

The appellants, convicted of murder under Section 302 IPC, challenged their conviction arguing that the prosecution relied improperly on family witnesses (the deceased's father and brother) and a ten-year-old child witness, claiming the school attendance register contradicted her presence at the crime scene. The Supreme Court upheld the conviction, holding that family members can be credible eyewitnesses if they are the natural witnesses to an incident. Relationship to the deceased does not automatically make a witness 'interested' or unreliable. The child witness's evidence was corroborated by medical evidence, and the school attendance register showing universal presence indicated faulty record-keeping rather than proof of attendance. The Court found no error in the High Court's judgment convicting the appellants.

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Criminal Law Evidence Murder Witness Credibility Family Witnesses Criminal Procedure

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