AIR 2002 SUPREME COURT 3480 ::2002 AIR SCW 4070 ::(2002) 4 CurCriR 157 ::(2003) 1 AllCriR 668 ::2003 SCC(Cri) 53 ::2002 (7) SCC 536 ::2002 (7) Scale 46.2 ::(2002) 7 Scale 46(2) ::(2003) 1 AllCriLR 520 ::(2002) 4 Crimes 361 ::(2003) 1 ChandCriC 70 ::2003 (1) EastCriC 80 ::2002 (5) SLT 595 ::2002 (6) Supreme 570 ::2003 (46) AllCriC 65 ::(2004) SC Cr R 1226 ::(2004) 1 CurLJ(CCR) 72 ::2002 (9) SRJ 500 ::(2002) 7 JT 558 (SC)

Supreme Court Of India

(From : Punjab and Haryana)*

Hon'ble Judge(s): Doraiswamy Raju, Shivaraj V. Patil , JJ

(A) Penal Code (45 of 1860) , S.300— Murder - Proof - Presence of eye witness at time of incident not doubtful - Non-examination of one of eye-witnesses - Not fatal when his brother who was also eye witness was examined - Medical evidence that cause of death was head injuries which were three in number - Evidence of eye witnesses also supporting prosecution case as to giving of three blows on head of deceased - Recovery of weapon with blood stains lending support to prosecution case - Evidence of investigating officer also available on record in support of prosecution case - Absence of motive in such case would not benefit accused - Conviction of accused - Not liable to be set aside. (Para 9) (B) Penal Code (45 of 1860) , S.300— Murder - Proof - It is not necessary that in all cases all witnesses present at time of occurrence should be examined - Mere non-examination of one of eye-witnesses to speak on same point does not impair prosecution case when eye-witnesses examined fully support prosecution case. Evidence Act (1 of 1872) , S.3— (Para 6) .....