Supreme Court upholds conviction in 27-year-old murder case holding testimony of witnesses to be cogent, reliable & credible
Justices Abhay S Oka & Pankaj Mithal [08-07-2024]

Read Order: Thatireddigari Maheswara Reddy v. State of Andhra Pradesh[SC- CRIMINAL APPEAL NO. 2132 OF 2011]

LE Correspondent

New Delhi, July 18, 2024: The Supreme Court hasupheldthe conviction for a 1997 murder by hacking with sickles, holding that only because an eye witness is a member of the deceased's family, per se, the evidence of such a witness cannot be discarded.

“If the evidence of an eyewitness who is a close relative of the deceased is cogent, reliable and credible, it can always be relied upon,” the Top Court held.

The incident, which took place on July 26, 1997, in Peddavadugur village, Andhra Pradesh, was a result of a suspected political rivalry between the accused and the deceased. According to the prosecution, Shiva Prasad Reddy, a practicing lawyer, had contested the election for the post of President of the Water Users Association against Thatireddigari Maheswara Reddy. Despite losing the election, Reddy suspected that the deceased was responsible for a raid conducted by the Excise Police on his house, leading to the seizure of illicit brandy.

On the fateful day, Shiva Prasad Reddy was attacked and hacked to death by the accused and his accomplices, who were armed with hunting sickles. The attack was witnessed by the deceased's brothers, who were also threatened by the assailants. The Trial Court convicted Thatireddigari Maheswara Reddy and five others for offences punishable under Sections 148 and 302 of the Indian Penal Code. The High Court upheld the conviction, prompting Reddy to approach the Supreme Court.

The Supreme Court, after carefully examining the evidence of the prosecution witnesses, found the testimony of the deceased's brothers to be reliable and consistent. The top court also noted that the hunting sickles used in the crime were recovered at the instance of the accused, and the handles were found stained with human blood.

While dismissing the appeal, the Supreme Court granted Thatireddigari Maheswara Reddy one month to surrender and undergo the remaining sentence. The court also directed the State of Andhra Pradesh to consider the appellant's case for grant of permanent remission, taking into account the fact that his co-accused have already been granted the same benefit.