Injured witness -- Injured witness brother of deceased was present at the scene of crime and gave full details as to the chance meeting and the manner in which the incident happened at bus stand - However, he failed to refer the presence of independent witnesses in the FIR - Held, it will not warrant an inference that independent witness was not present - Also the mere..........
Evidence Act, 1872, Section 3 -- Evidence of witness - Appreciation - Criminal case pending against witness - Held, no ground to discard his testimony which is otherwise credible and corroborative by other evidence...........
Related witnesses -- Mere fact that witnesses are related to each other itself is no ground to discard their evidence unless something critical is brought on record that all of them being interested witnesses were speaking falsely to implicate the accused...........
Witness -- Appreciation - Related witness not making any attempt to save the deceased from the clutches of the accused - Every person who witnesses a murder reacts in his own way - Some are stunned, become speechless and stand rooted to the spot - Some become hysteric and start wailing - Some start shouting for help - Others run away to keep themselves away from the spot..........
Witness -- Inconsistency between testimony of eye witnesses and medical evidence is no ground to discard testimony of eye witnesses - Even if there is contradiction in ocular evidence and medical evidence then ocular evidence will prevail...........
Evidence Act, 1872, Section 3 -- Appreciation of evidence - Held : (1) When witnesses are not qualified and are from rural countryside, minor discrepancies in their testimony cannot effect prosecution case; (2) Mere fact that witness is a family member is no ground to discard his evidence...........
Evidence Act, 1872, Section 32 -- Dying declaration - Recorded by Tehsildar - Tehsildar not obtained certificate from medical officer regarding condition of deceased - That itself is not sufficient to discard dying declaration - What is essentially required is that a person who recorded the dying declaration must be satisfied that the deceased was in a fit state of mind -..........
Related witnesses -- Not a ground to discard their evidence - Witnesses when stated to be interested and inimically disposed towards the accused, Court is required to analyse their evidence - If after careful analysis and scrutiny of their evidence, the version given by the witnesses appears to be clear, cogent and credible, there is no reason to discard the same -..........
Criminal Procedure Code, 1973, Section 154, 157 -- FIR - Delay in lodging and sending - Effect thereof - Held, there should not be any delay in preferring complaint to police and also in forwarding same to court - It is also well settled that a mere delay itself cannot be a ground to disbelieve entire case of prosecution - It is only in such of those cases where delay is..........
Witness -- Not examined being medically handicapped - Not sufficient to discard the prosecution story...........
