Law: Evidence Act (I of 1872)

Section: 133

Law: Criminal Procedure Code (V of 1898)

Section: 337 & 367

P L D 1956 Supreme Court (Ind.) 280         Evidence Act (I of 1872)---S. 133-Witness to crime withholding information-Position analogous to that of accom plice-Testimony requires corroboration-Criminal Procedure Code (V of-1 RY'8), Ss. 337 & 367.   If a man sees the perpetration of a crime and does not give information of it to any one else, he might well be regarded in law as an accomplice. However the evidence of such a wit ness should be scanned with much caution and the Court must be fully satisfied that he is a witness of truth, especially when no other person was present at the time to see the murder. Though the witness was not an accomplice, the Court would still want corroboration on material particulars because the person being the on witness to the crime it would not be safe to hang the accused on his sole testimony without the certain ty that he is speaking the truth. Such corroboration need not, be on the question of the actual commission of the offence if this was the requirement then the Court would have indepen dent testimony on which to act and there would be no need to rely on the evidence of one whose position may, in the particular case, be somewhat analogous to that of an accomplice, though not exactly the same. What the law requires is that there should be such corroboration of the material part of the story connecting the accused with the crime as will satisfy reasonable minds that the man can be regarded as a truthful witness.   Rex v. Baskerville 1916-2 K B 658 ref.     JUDGMENT   CHANDRASEKHARA AIYAR, J.-----The four appellants and two others named Seshaya and Pitchi Reddy, who are all communists, were charged with the murder of one Venkata krishna Shastry who was a Congress worker or leader.   The appellants were convicted of the offence but the other two were acquitted by the Sessions Judge, Warrangal, Hyderabad State, on the astounding ground that no overt acts were proved against them. The appellants preferred appeals to the High Court at Hyderabad and there was the usual reference for confirmation of the death sentences imposed on them. The appeals were heard by a Bench…