AIR 2005 SUPREME COURT 1142 ::2005 AIR SCW 76 ::2005 AIR - Jhar. H. C. R. 569 ::(2004) 2 CriLR(Raj) 1513 ::(2005) 1 WLC (RAJ) 689 ::2005 (1) SLT 7 ::(2005) 1 AllCriR 171 ::2005 CriLR(SC&MP) 221 ::2005 (9) SCC 650 ::2005 SCC(Cri) 1284 ::(2004) 4 RecCriR 672 ::2005 (1) RecCriR 390 ::(2004) 10 Scale 319 ::2005 CriLR(SC MAH GUJ) 221 ::2005 (1) AllCriLR 648 ::(2005) 1 ChandCriC 27 ::2005 (2) EastCriC 210 ::2005 (30) OCR 642 ::(2004) 4 KHCACJ 508 (SC) ::2004 (4) KHCACJ 508 ::(2005) 2 Raj LR 428 ::2005 (1) RajCriC 330 ::2005 (1) Crimes 319 ::2005 (1) Supreme 867 ::(2005) 26 AllIndCas 494 (SC) ::2005 (26) AllIndCas 494 ::2005 All MR(CRI) 805 ::2005 (51) AllCriC 487 ::(2006) SC Cr R 920 ::(2004) 10 JT 421 (SC) ::2004 (10) JT 421 ::2005 (1) SRJ 345

Supreme Court Of India

(From : Madras)*

Hon'ble Judge(s): Arijit Pasayat, S. H. Kapadia , JJ

(A) Evidence Act (1 of 1872) , S.3— Penal Code (45 of 1860) , S.302— 'Chance witness' - Murder committed on a street - Eye-witness not able to explain his presence at alleged place of occurrence - Said witness happened to be independent witness - Had no enmity towards accused - Clear, cogent evidence of said independent witness - Cannot be discarded by treating him as 'chance witness'. 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 passers-by will be witnesses. Their evidence cannot be brushed aside or viewed with suspicion on the ground that they are mere 'chance witnsses'. 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. In instant case, the plea of the accused that PW-3 was 'chance witness' who has not explai....