Witness

Indian Penal Code, 1860, Section 148, 302 read with Section 149  - Related witness  - Evidentiary value of a related witness - Being related to the deceased does not necessarily mean that they will falsely implicate innocent persons - Testimony of the related witness, if found to be truthful, can be the basis of conviction – Held, we have every reason to believe that PW3 and PW12, children of the deceased,  were immediately present at the spot and identified the accused with various deadly weapons in their hands – Criminal trial. #2020 SCeJ 1852

 

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 Indian Penal Code, 1860, Section 148, 302 read with Section 149  - Enmity  - Defence version that the injuries being caused through a fall on the Nullah and the old enmity being the cause for implicating the accused - If the witnesses are otherwise trustworthy, past enmity by itself will not discredit any testimony -  In fact the history of bad blood gives a clear motive for the crime -  Therefore this aspect does not in our assessment, aid the defence in the present matter – Criminal trial. #2020 SCeJ 1852  

 

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Indian Penal Code, 1860, Section 148, 302 read with Section 149  - Witnesses – Hostile  - Plea of defence that few of the witnesses had not supported the prosecution case and were declared to be hostile -  But there are enough material evidence and trustworthy testimonies which clearly support the case against the accused and the prosecution need not fail on this count alone - Some witness may not support the prosecution story for their own reasons and in such situation, it is necessary for the Court to determine whether the other available evidence comprehensively proves the charge - In this case, it is seen that the prosecution version is cogent and supported by three eyewitnesses who have given a consistent account of the incident -  Their testimonies are corroborated by the medical evidence – Held, the learned Trial Judge had elaborately discussed the evidence of both sides and came to a logical conclusion which inspires confidence -  We are therefore of the view that the hostile witnesses will not affect the conviction of the appellants – Criminal trial. #2020 SCeJ 1852

 

 

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