GANESH versus STATE OF KARNATAKA AND ORS.

GANESH versus STATE OF KARNATAKA AND ORS.

The Court held that credible evidence from injured and other eye-witnesses was sufficient to justify the conviction of the appellants under Section 302 read with Section 149 IPC, even though a large number of co-accused were acquitted. The principle 'falsus in uno, falsus in omnibus' is a rule of caution and not of law.

Parties
Appellant: Ganesh; Respondents: State of Karnataka and Others
Jurisdiction
India
Judgment Date
20 August 2008
Procedural Posture
Criminal Appeal / Supreme Court Judgment on Appeal From High Court
Outcome
Appeals dismissed.
Legal Topics
Unlawful Assembly, Murder, Appreciation of Evidence, Eye Witness Testimony
Criminal Law Unlawful Assembly Murder Appreciation of Evidence Eye Witness Testimony

Case Brief

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Parties

Ganesh

Appellant

State of Karnataka and Others

Respondents

Procedural Posture

Criminal Appeal / Supreme Court Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the conviction of the appellants under Section 302 read with Section 149 IPC is justified based on the evidence.
  2. 2 Whether acquittal of a large number of co-accused affects the credibility of remaining evidence against appellants.
  3. 3 Applicability of the principle 'falsus in uno, falsus in omnibus'.

Ratio Decidendi

The Court held that credible evidence from injured and other eye-witnesses was sufficient to justify the conviction of the appellants under Section 302 read with Section 149 IPC, even though a large number of co-accused were acquitted. The principle 'falsus in uno, falsus in omnibus' is a rule of caution and not of law.

Court Disposition

Appeals dismissed.

Orders

  • Conviction and sentence of appellants confirmed; appeals dismissed.