AIR 1997 SUPREME COURT 281 ::1997 AIR SCW 28 ::(1996) 2 CriCJ 658 ::1996 (4) CurCriR 226 ::1997 CriLR(SC&MP) 57 ::1997 SCC(Cri) 226 ::1997 CriLR(SC MAH GUJ) 57 ::(1996) 4 Crimes 172 ::(1997) 1 Raj LW 22 ::1996 (3) SCJ 527 ::1997 (34) AllCriC 57 ::(1997) SC Cr R 546 ::(1996) 9 JT 595 (SC) ::1996 (9) JT 595

Supreme Court Of India

(From: Punjab and Haryana)*

Hon'ble Judge(s): G. N. Ray, G. B. Patnaik , JJ

(A) Penal Code (45 of 1860) , S.300— Charge of murder - Non-explanation of injuries on person of accused - Injury as such minor and small so that prosecution is not obliged to explain - Injured having been examined only after five days of occurrence, injuries could not be considered to have been inflicted in course of the incident in question - Non-explanation of injuries cannot be considered to be fatal to prosecution. case. (Para 6) (B) Penal Code (45 of 1860) , S.300— Murder - Accused alleged to have inflicted particular injury on left arm of deceased - Plea that he should be given be befit of doubt as no injury on left arm of deceased is found by doctor - Doctor, however, finding injury on left arm - That apart three injured witnesses giving very succinct version of assault by each of accused with different weapons on deceased - Nothing in their evidence in cross-examination to discard same - Benefit of doubt cannot be given. (Para 6) (C) Penal Code (45 of 1860) , S.300— Charge of murder - Appreciation of evidence - Allegation of opportunity of vitiating minds of injured witnesses while being taken to hospital - Witness in precarious condition and becoming fit to give statemen....