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Supreme Court Of India

(From : Punjab and Haryana)*

Hon'ble Judge(s): P. Venkatarama Reddi, P. P. Naolekar , JJ

(A) Evidence Act (1 of 1872) , S.3— Unexplained omission to examine independent eye-witnesses - Would give rise to adverse inference, when evidence of alleged related eye-witnesses not found reliable and raises serious doubts on point of their presence on scene of occurrence. The fact that no independent witness though available, was examined and not even an explanation was sought to be given for not examining such witness is a serious infirmity in the prosecution case. Amongst the independent witnesses one who was very much in the know of things from the beginning was not examined by the prosecution. @page-SC2111 Non-examination of independent witness by itself may not give rise to adverse inference against the prosecution. However, when the evidence of the alleged eye-witnesses raise serious doubts on the point of their presence at the time of actual occurrence, the unexplained omission to examine the independent witness would assume significance.(Para 9 10) (B) Evidence Act (1 of 1872) , S.3— Murder - Evidence of closely related eye-witness - Reliability - Both were chance witnesses - Four accused were involved in attack on deceased as per evidence of eye-witnesses - But I.O. had submitted final report only against one accused - ....