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Supreme Court of India· 08 September 2026

Is a witness related to the deceased an interested witness by reason of the relationship alone, unless the testimony shows a ring of falsity?

ASHOK UPADHYAY AND ANR v. THE STATE OF BIHAR
2026 INSC 971 · CRIMINAL APPEAL NO. 1223 OF 2022
Coram: Justice J. B. Pardiwala · Justice K. Vinod Chandran
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Answer

A witness related to the deceased is not an interested witness by reason of the relationship alone, unless the testimony shows a ring of falsity.

No. A witness is not rendered an interested witness merely by being related to the deceased; but where the related eyewitnesses' testimonies show a ring of falsity — through irreconcilable contradictions — closer scrutiny of their evidence is warranted before it can be relied upon. (¶19)

Headnote

Indian Penal Code, 1860 — s.302, s.34 — Arms Act, 1959 — s.27 — Related witnesses — Hypothesis of innocence — Evidence Law — Related witnesses — Not per se interested — Held: A witness related to the deceased is not an interested witness by reason of the relationship alone, unless the testimony shows a ring of falsity, in which case closer scrutiny is warranted before reliance. (¶19) Criminal Law — Benefit of doubt — Hypothesis of innocence — Held further: A reasonable hypothesis of innocence emerging from the prosecution's own evidence entitles the accused to the benefit of doubt; the appellants were accordingly acquitted. (¶18, 20, 21)

Headnote

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In the Court's own words
Paragraph 19True, the said theory was propounded and followed in cases of purely circumstantial evidence. In the present case, there was direct evidence proffered by the prosecution insofar as the eyewitnesses are concerned. However, we must emphasize that the majority of the eyewitnesses were close relatives; PW2, PW3, PW5, PW6 and PW10. We have already found that, though, the narration of the incident, more or less tallied, there are discrepancies and circumstances, which persuade us not to place an unflinching reliance on those testimonies. Related witnesses merely for their relationship with the deceased cannot be called interested witnesses. But when, from the circumstances, as in the present case, where there is found a ring of falsity in their testimonies, a closer scrutiny is warranted. If the incident occurred at the front yard of the house, then the related witnesses are not chance witnesses and could be relied on. But there is no clear substantiation in this case, as to the scene of occurrence. The independent witness PW8, though, spoke of having accompanied PW2, there was no corroboration on that aspect by PW2, making him also a doubtful eyewitness.
Acts & Sections
s.302 Indian Penal Code, 1860s.34 Indian Penal Code, 1860s.27 Arms Act, 1959

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Also decided in this judgment
Does a reasonable hypothesis of innocence emerging from the prosecution's own evidence entitle the accused to the benefit of doubt?
Plain-language answer prepared by the LexStreak Editorial Desk — verify against the judgment. Source: Supreme Court of India. Corrections