Section 149 IPC | Cannot Expect Witness To Speak About Specific Overt Act By Each Accused With Graphic Detail : Supreme Court

The Supreme Court observed that in a case involving 149 of the Indian Penal Code, a witness cannot be expected to speak with graphic detail about the specific overt act that can be attributed to each of the accused.

In this case, appellants- accused were concurrently convicted under Section 302 read with Sections 149 and 148 of the Indian Penal Code, 1860. The case of the prosecution is that the acused along with the other accused numbering about 14, armed with weapons such as guns and wooden logs went to the field of the deceased numbering three, attacked them and committed murder.

Before the Apex Court, the contention raised was that the the evidence of prosecution witnesses contains material contradictions and that the prosecution witness has even denied the first information report.

The court noted that though the witness made a statement that he did not author the first information report, there is an admission on his part with respect to the signature made in it. 

"Three deaths have taken place and the witnesses have clearly spoken about the presence of the accused. In a case involving 149 of the IPC one cannot expect a witness to speak with graphic detail about the specific overt act that can be attributed to each of the accused.", the bench of Justices MM Sundresh and JB Pardiwala said while dismissing their appeal.

Bhole vs State of Madhya Pradesh | 2023 LiveLaw (SC) 669 | CrA 889-890 OF 2012

Indian Penal Code, 1860 ; Section 149 - In a case involving 149 of the IPC one cannot expect a witness to speak with graphic detail about the specific overt act that can be attributed to each of the accused. (Para 5)

Criminal Trial - Merely because the prosecution witness has made a statement that he did not author the first information report the case of the prosecution cannot be disbelieved especially when there is an admission on his part with respect to the signature made in the FIR. (Para 5)

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