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Supreme Court Of India

(From : Chhattisgarh)

Hon'ble Judge(s): S. A. Bobde, Ashok Bhushan , JJ

(A) Evidence Act (1 of 1872) , S.3— Hostile witness - Evidence of - Extent of reliability. The evidence of a witness who has been declared hostile can be relied if there are some other material on the basis of which said evidence can be corroborated. Moreso, that part of evidence of a witness as contained in examination-in-chief, which remains unshaken even after cross-examination, is fully reliable even though the witness has been declared hostile.(Para 19) (B) Penal Code (45 of 1860) , S.300— Evidence Act (1 of 1872) , S.3— Murder - Evidence of hostile witness - Conviction based on - Legality - Witness in his examination-in-chief took name of accused alone who was stated to have assaulted deceased - He did not mention in his examination-in-chief about presence of other accused which may be a reason for prosecution to get witness declared as hostile - Even in cross-examination witness repeated that he heard accused saying 'Maro Sale Ko' who had assaulted deceased - Factum of assault by accused was throughout maintained by said witness - Similarly, other witness in his examination-in-chief stated that accused gave three lathi blows to deceased which was seen by him - Said witness further stated that accused threatened him to run away otherwise he shall also be assaulted - Even after....