Joy Devaraj vs State Of Kerala 2024 INSC 473 – Criminal Trial – S 300 IPC – Murder

Criminal Trial – The threshold for disbelieving a witness is not mere discrepancy or inconsistency but material discrepancy and inconsistency, which renders the account narrated by the witnesses so highly improbable that the same may safely be discarded altogether from consideration. (Para 15)

Indian Evidence Act, 1872; Section 134 -No particular number of witnesses is required, in any case, to prove a fact. Therefore, it is not the law that a conviction cannot be recorded unless there is oral testimony of at least two witnesses matching with each other. It is the quality of evidence and not the quantity that matters. If the evidence of a solitary witness appeals to the court to be wholly reliable, the same can form the foundation for recording a conviction. (Para 17)

Indian Penal Code, 1860; Section 300– Death caused by a single stab wound can also be considered murder if the requirements of section 300, IPC are fulfilled. (Para 25)

Indian Penal Code, 1860; Section 299,300-Culpable homicide and murder are closely related concepts. It is often said that culpable homicide is the genus and murder is one of species in that genus. All murders are culpable homicide but not all culpable homicides are murder. (Para 21)

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