AIR Law Lines - Point Extract
(D)
Criminal
Criminal Laws (procedure)
Investigation
Laches In Investigation - Whether Affects Veracity Of Prosecution Witnesses
— Discrepancies or laches on part of Investigating Officer not of such nature which may collapse entire prosecution story — It would not affect veracity of statement of reliable prosecution witnesses.
(M)
Civil & Constitution
Constitution
Precedents
Verdict Of Criminal Case - Binding Nature
— Every criminal case stands on different footing — Verdict of criminal case cannot be blindly followed as a precedent in another case without looking into facts peculiar to each case.
(H)
Criminal
Criminal Laws (evidence)
Motive
Evidence Of Eye Witness - Reliability
— FIR itself indicating that altercation took place between accused persons and deceased and others — While returning from that place accused persons murdered deceased — Eye-witness who was present when altercation took place as aforesaid, clearly supported said facts in deposition made before court — Held, motive part is established by prosecution.
(J)
Criminal
Criminal Laws (evidence)
Appreciation Of Evidence
Evidence Of Related Or Interested Witness - Credibility
— Merely because witnesses were closely related to deceased, their testimonies cannot be discarded — However, in such cases, court has to adopt careful approach and analyse evidence to find out whether it is cogent and credible evidence.
(L)
Criminal
Criminal Laws (offences & Punishment)
Murder
Evidence Of Eye-witnesses -- Minor Discrepancies And Contradictions
-- Some discrepancies and contradictions in statement of eye-witnesses — However, on point of date, time and place of occurrence, testimony of these witnesses was clear and consistent — Testimony of these witnesses also found consistent — They cannot be termed as ‘unreliable’ witnesses on ground of minor discrepancies in statement.
(B)
Criminal
Criminal Laws (procedure)
Investigation
Inquest Report - Contents Of
— Non-mentioning of crime number, sections, name of accused and other particulars in inquest report do not make it invalid. There is no such requirement under S. 174.
(K)
Criminal
Criminal Laws (offences & Punishment)
Murder
Evidence Of Eyewitness - Reliability
— Evidence of eye-witnesses recorded after gap of 1½ years — Contradictions occurred in statement of eye-witnesses on point of number of blows, manner and use of weapon, role of appellants and assignment of place to appellants in causing injuries are bound to occur — Further, every person, who witnesses a murder reacts in his own way — Some are stunned, some become hysteric and start wailing, some start shouting for help — Others rush to rescue of victim even going to extent of counter attacking assailants — Finding of trial court regarding presence of eye-witnesses on the spot cannot be interfered with.
(G)
Criminal
Criminal Laws (procedure)
Statement Before Police
Statement Under S. 161 - When Can Be Treated As Dying Declaration
— Maker of statement under S. 16, subsequently dies. His statement can be relied as dying declaration.
(I)
Criminal
Criminal Laws (evidence)
Number Of Witnesses
Quality Of Evidence Matters
— Fact proved by reliable evidence of witnesses — Some other witnesses in respect of said fact also available — Need not be examined — It is not matter of quantity but quality of evidence produced.
(E)
Criminal
Criminal Laws (offences & Punishment)
Murder
Injuries On Deceased And Weapon Of Crime - Relevancy
— Medical evidence consistent with oral evidence and fully supports prosecution case — Incised wound caused on body of deceased — Accused persons armed with weapons like gun, spear and lathi — Spear had pointed as well as sharp edge and therefore it could cause incised as well as stab wound — Plea by accused that injuries found on body of injured are incised wounds which could only be caused by sharp edged weapon like gandasa and not by spear — Could not be accepted.
(F)
Criminal
Criminal Laws (evidence)
Child Witness
Evidence Of Child Witness - Credibility
— Although at time of deposition before Court, witness was aged about 14-15 years yet she had given rational answers to questions put to her by defence — It shows her capability itself — Testimony of such witness cannot be disbelieved.
(A)
Criminal
Criminal Laws (procedure)
Fir
Delay In Filing - Distance And Period Taken To Register Fir - Relevancy
— Distance between place of occurrence and police station concerned is about 7 miles — FIR registered at police station concerned on same day after about 4 hours — FIR not delayed.
(C)
Criminal
Criminal Laws (offences & Punishment)
Murder
Place Of Occurrence - Proof
— Investigating Officer while preparing site plan has not shown correct description of directions but this discrepancy was satisfactorily explained by Investigating Officer — From statement of prosecution witnesses as well as from statement of defence witness place of incident is established and path, through which deceased along with fellows were returning also passes through that land — Houses of accused persons situated towards one side of path — Place of incident is also situated on above path — Finding of trial court that prosecution was able to establish place of incident beyond reasonable doubt does not require interference.
In Judgment Text:
- Ghazipur in Session Trial No. 150 of 1980 (State v.
Harihar Singh and others) convicting and sentencing - months— rigorous imprisonment. Appellants
Harihar Singh , Ram Awadh Singh, Ravindra Singh, Mahendra Singh - it is relevant to mention here that during pendency of this appeal, the appellant No. 1 -
Harihar Singh - the appellant No.1 -
Harihar Singh , appellant No. 2 Sheomurat Singh, appellant No. 3 Ram Awadh Singh
J
J
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