Evidence, Appreciation of

Possibility that co-accused pulled out knife out of his dub on spur of moment and stabbed deceased while accused was unaware of his being so armed, existing

In absence of any common intention to commit murder of deceased, accused, held, deserved benefit of doubt

Conviction and sentence set aside, in circumstances.

Leave to appeal refused.

No justification made out for interference in matter-Leave to appeal refused.

S. 302-Evidence appreciation of-No enmity of prosecution witnesses found towards accused and their evidence found reliable and true-Medical evidence not found contrary to ocular testimony Conviction maintained, in circumstance

S. 302-Evidence, appreciation of Eye-witnesses stating three shots having been fired by three assailants but five empties recovered from spot-Distance of firing stated to have been five paces but four of five entrances of wounds having charring marks-Eye-witnesses emphatic as to assailants having fired at deceased when deceased in act of walking towards them but one of entrance wounds found on back of deceased-Cause of death haemorrhage but no blood. found at place. of falling of deceased-Testimony of witnesses, held, doubtful in circumstances of case.-[Evidence

Witness].

S. 302-Evidence, appreciation of-Identity of accused established beyond reasonable doubt-Dying statement found genuine and true and corroborated by medical evidence and evidence of eye witnesses Conviction maintained.-[Evidence].

Ss. 307, 323 & 326-Evidence-Ocular evidence-Contention that once High Court came to conclusion of alibi of acquitted accused being likely true, such finding reacted on entire prosecution case and ocular evidence could not be accepted against other accused: unless properly corroborated in material particulars Acquitted accused, however, given benefit of doubt only as a matter of abundant caution on premise that his alibi might possibly be true and finding of High Court not in any manner weakening probity of evidence against rest of accused-High Court, held, competent to sift evidence and acquit an accused as a matter of abundant caution.-[Evidence-Criminal trial].

S. 302/34-[Murder-case] - Appeal against acquittal-Evidence, appreciation of-Number and locale of injuries and kinds of weapons used as deposed to by prosecution witnesses-Getting support from medical evidence

Number of participants getting further assurance from such evidence-Out of two injuries not deposed to by prosecution witnesses one on root of left thumb likely to have been caused while deceased raising his hand to ward off attack and as such hardly likely to be noticed-Other injury a bruise likely to be caused in scuffle with fist before arrival of witnesses-Brushing aside ocular testimony merely on consideration of nature of injuries being inconsistent with Doctor's statement without going in depth as to manner in which deceased likely to have suffered such injuries not permissible in circumstances - Discrepancies in statements of witnesses-Hardly of any consequence-F. I. R. lodged within an hour of incident-Venue of incident-

S. 302-[Murder-case]-Evidence, appreciation of-Eye-witnesses having no motive of their own to falsely implicate accused appellant-Account given by eye-witnesses corroborated by recoveries of blood-stained clothes from person of accused-Accused apprehended by villagers and disarmed of crime hatchet lest he should injure some more people of his disliked sect-Accused receiving minor injuries during apprehension but no injury bleeding so as to stain his clothes-Prosecution case further finding support from retracted confession of accused and his admission in statement under S. 342, Cr. P. C. that he intended to kill all people of his disliked sect-Appeal against conviction, held, accordingly devoid of merit and dismissed.-[Evidence].

S. 302/34-[Murder-case]-Evidence, appreciation of-Extra-judicial confession of accused allegedly made to a person neither lambardar, nor B. D. Member, nor belonging to accused village or knowing, him-Such person being in no position to help accused, accused approach to such person not likely- Accused not taken to a Magistrate to get his statement recorded formally although S. H. O. possessed of a jeep when meeting accused-Extra-judicial confession, held, not in circumstances worthy of belief-Parties very much on inimical terms-Witnesses generally interested and their statements not devoid of contradictions and misstatements-No proper identification of recovered articles made in an identification parade before a Magistrate-Shirts allegedly taken from bodies of deceased not proved to hive been taken from dead bodies as alleged-Recoveries fake

No reliable evidence connecting accused with murder-Accused acquitted to circumstances.

[Evidence-Confession].

S. 302-[Murder-case]-Evidence, appreciation of-Only eye-witness a lad of 13 years but nothing unusual elicited from him in lengthy cross-examination to discredit him on ground of tender age-No infirmity or contradiction discovered in such statement

Ocular evidence furnished by witness fully corroborated by circumstances attending upon crime-Appellant and deceased closet; related

Accuser's relatives accompanying deceased's mother to Civil Hospital and thence to police station to lodge first information report and deceased's mother making report in their presence-First informant not likely to have falsely implicated accused in circumstance-Both accused absconding soon after occurrence and offering no reasonable explanation for absconsion

Circumstances narrated by eye-witnesses leaving no inference possible except of appellant being assailant.

Offence of murder, held, clearly brought home to accused.

[Evidence].

S. 302-[Murder case]-Evidence, appreciation of-Prosecution witnesses not disinterested-Evidence of solitary witness stating to have last seen deceased in accused appellant's company not corroborated by reliable evidence-Retracted judicial confession of accused appellant inconsistent with medical evidence and rightly refitted to be relied upon by High Court-Dead body of deceased not discovered at pointing out of appellant but earlier seen by a prosecution witness Recovery of hatchet at accused's instance unreliable-Improbable also for hatchet to have been found stained with human blood after its being immersed in water for several days-Mere circumstance of deceased and appellant with his companions having been last seen together, held, not incompatible with innocence of appellant in circumstances and appellant entitled to benefit of doubt and acquittal.