Before the High Court, it was urged that PWs. 1 and 2 were related to the deceased, and PW-3 was a chance witness and no credence should be put on their evidence. The High Court did not accept the plea and finding the analysis of evidence by the trial Court to be in order, upheld the conviction and sentence.
8. Coming to the plea of the accused that PW-3 was 'chance witness' who has not explained how he happened to be at the alleged place of occurrence, it has to be noted that the said witness was an independent witness. There was not even a suggestion to the witness that he had any animosity towards the accused. In a murder trial by describing the independent witnesses as 'chance witnesses' it cannot be implied thereby that their evidence is suspicious and their presence at the scene doubtful. Murders are not committed with previous notice to witnesses; soliciting their presence. If murder is committed in a dwelling house, the inmates of the house are natural witnesses. If murder is committed in a street, only passersby will be witnesses. Their evidence cannot be brushed aside or viewed with suspicion on the ground that they are mere 'chance witnesses'. The expression 'chance witness' is borrowed from countries where every man's home is considered his castle and everyone must have an explanation for his presence elsewhere or in another man's castle. It is quite unsuitable an expression in a country where people are less formal and more casual, at any rate in the matter explaining their presence. Therefore, there is no substance in the plea that PW-3's evidence which is clear and cogent is to be discarded.
IN THE SUPREME COURT OF INDIA
Criminal Appeal No. 1456 of 2004
Decided On: 08.12.2004
Thangaiya Vs. State of Tamil Nadu
Hon'ble Judges/Coram:
Dr. Arijit Pasayat and S.H. Kapadia, JJ.
Citation: (2005) 9 SCC 650
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