Eye-witness

Court has to satisfy itself whether the testimony of an eye-witness is natural, his presence on the spot can reasonably be believed, whether his testimony is free from any kind of intrinsic improbabilities and in case of an interested witness whether any corroboration is available.

Court has to satisfy itself whether the testimony of an eye-witness is natural, his presence on the spot can reasonably be believed, whether his testimony is free from any kind of intrinsic improbabilities and in case of an interested witness whether any corroboration is available.

If there were certain minor discrepancies or some omissions on the part of investigation, keeping in view strong ocular testimony, the same could not be made basis for discarding the evidence of the eye-witnesses.

In his statement recorded before the Trial Court, he stated that he had friendship with deceased for the last about 18/20 years; that the distance between his house and the house of the deceased was about 250 meters and that he was residing in the vicinity for the last 20 years

Said eye-witness had given a plausible explanation for his presence at the spot at the relevant time

Conviction of accused for murder was maintained in circumstances.

Eye-witness who claims his presence on the spot at the time of incident must satisfy the mind of the Court by some physical circumstance or corroborative evidence in support of his presence.

Evidence-Eye-witnesses-Interested and interrelated-Oral testimony requires corroboration.

Statement recorded 4 days after incident-Ruled out of consideration.

Eye-witness Eye-witness-Murder-Mere fact of eye-witnesses being related to deceased not by itself sufficient to make their evidence unworthy of credit without material corroboration.

Eye-witness Eye-witness-Denial, in statement before committal Court as well as at trial of accused being present at time of murder

Oral testimony, held, of no value.

Eye-witness Eye-witness-Untrustworthy in regard to co-accused-Held untrustworthy also in respect of principal accused-Penal Code (XLV of 1860), S. 302.

Story not fitting in with injuries on person of deceased-Inference against witness.

Eye-witness-Duty of prosecution to bring all available evidence on record-Prosecution, however, under no obligation to examine witness it considers false or unnecessary

Non-examination of material prosecution witness-Adverse inference can be drawn against prosecution for dropping such witness

Presumption, however, does not extend to the point that testimony of such witness would necessarily have supported defence version

Defence at liberty either to examine such witness as its own witness or to have him examined as Court witness-Failure of defence to avail of either of two remedies open to him-Initial adverse inference against prosecution neutralized-Criminal Procedure Code (V of 1898), Ss. 211 & 291-Evidence Act (I of 1872), S. 114, illus. (g).

Closely inter-related eye-witnesses-Not unnatural.

Testimony requires to be supported by corroborative evidence.

Eye-witness Eye-witnesses-Interested persons - Testimony requires independent corroboration re : participation of each ;accused in crime.

Eye-witness -Failure to make a report of the occurrence. Witness no better than an accomplice.

Impartiality of, doubted, for being partisan Corroboration must be such as would remove the doubt that accused have been falsely implicated.