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Head Note

Criminal Laws  - Eye-witness

Murder Related eye-witness Parameters required - Held, evidence is required to be scrutinized with utmost care.

Indian Penal Code,1860  - Section 302 , Section 307 , Section 149 , Section 452

Murder Injured eye-witnesses not examined Independent eye-witnesses whose presence was witnessed by complainant, not examined Even J who raised hue and cry on hearing the sound of coming of accused, did not enter the witness box No question raised regarding non-examination of these eye-witnesses at the time of cross-examination - Evidence of complainant regarding entering of accused in the house, firing of bullets from ventilation and door resulting in injuries to T, C and accused M, fully corroborated by evidence of PWs. 3 & 4 and stood proved by medical report Injured accused M not explaining the cause of injuries - Whether provisions of Section 149 are attracted - Held, yes. There was no attempt to commit dacoity - All assailants were exhorting each other to eliminate all - They tried to open the door and fired from ventilation - All participated in the commission of crime as a result of which O was killed and T, C and accused M were injured - Inference can be drawn that assailants had motive to kill - Appeal dismissed.

Topic(s)-Independent eye-witnesses

Important Decision(s)- Criminal Law - Murder Related eye-witness Parameters required - Held, evidence is required to be scrutinized with utmost care.