Evidence Act, 1872, Section 3 -- Relative witness - Reliability - Held, witness who is a relative of deceased or victim of crime cannot be characterized as `interested' - Term `interested' postulates that witness has some direct or indirect `interest' in having accused somehow or other convicted due to animus or for some other oblique motive - A close relative cannot be..........
Evidence Act, 1872, Section 24 -- Extra judicial confession - Delay of 16 days to inform the police - Delay explained not natural and not satisfactory - Held, evidence of such witness not believable...........
Injured witness -- Appreciation of evidence of injured eye witness : (a) The presence of an injured eye-witness at the time and place of the occurrence cannot be doubted unless there are material contradictions in his deposition; (b) Unless, it is otherwise established by the evidence, it must be believed that an injured witness would not allow the real culprits to escape..........
Interested witness -- A close relative who is a very natural witness cannot be termed as interest witness - A witness may be called `interested' only when he or she derives some benefit from the result of litigation; in the decree in a civil case, or in seeing an accused person punished...........
Criminal trial -- Related witness - Presence of eye-witness proved to be natural - Their statement nothing but truthful disclosure of actual facts leading to the occurrence and the occurrence itself - Their statements not to be discarded merely for the reason that they are related or friendly witnesses...........
Related witness -- Witness, brother of deceased - Presence of witness at the scene of occurrence proved natural - No reason for him to falsely implicate accused - Held, every witness, who is related to deceased cannot be said to be interested witness who will depose falsely to implicate accused - Statements of every related witness cannot as a matter of rule be rejected..........
Indian Penal Code, 1860, Section 302,149 -- Murder - Nine accused committed murder of husband and wife - PW-4 and PW-5 were present at the time of incident - Prior animosity and clashes between two families has come on record - No challenge to vital facts - Son of deceased was also the eye-witness - No provocation on the part of deceased proved - Number of injuries found..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 118 -- Murder - Child witness - Murder - Accused convicted and sentenced to life imprisonment on sole testimony of daughter of deceased aged 8 years - Witness answered first few questions put by Court very smartly and intelligently and Court concluded that she could become witness in this case - She has..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Acquittal calls for no interference as (i) Delay of 12 hours in lodging FIR not satisfactorily explained; (b) Chance witness not inspiring confidence of Court; (c) Most natural and probable witness of the incident not put up as witness by prosecution; (d) Contradiction in statement of witnesses regarding source of light;..........
Service -- Departmental proceedings - Two witnesses examined but their names not mentioned in the list of witnesses supplied alongwith charge sheet - However, in the list of witnesses it was categorically mentioned that there could be any other witness, other than those cited in the list - Unless and until it is shown that prejudice has been caused it cannot be said that..........
