Arumugam Vs. State Rep. By Insp. of Police
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Head Note
Indian Penal Code,1860 - Section 147 , Section 148 , Section 341 , Section 302
Appellant had an axe to grind against the deceased which he got fulfilled by executing the same by inflicting a fatal injury on the deceased and that caused the death of the deceased - When such is the clear evidence available on record, there is no scope to apply Section 304 part II, IPC or by way of mitigatory factor to dilute the rigour of the criminal act committed by the appellant.
Indian Penal Code,1860 - Section 147 , Section 148 , Section 341 , Section 302
Interested Witness - The evidence of an interested witness does not suffer from any infirmity as such, but the courts require as a rule of prudence, not as a rule of law, that the evidence of such witnesses should be scrutinised with a little care. Once that approach is made and the court is satisfied that the evidence of the interested witness has a ring of truth such evidence could be relied upon even without corroboration.
Topic(s)-Interested Witness
Important Decision(s)-
- When such is the clear evidence available on record, there is no scope to apply Section 304 part II, IPC.
- The interested witness has a ring of truth such evidence could be relied upon even without corroboration.