Kathi Bharat Vajsur & Anr. Vs. State of Gujarat
|
Head Note
Indian Penal Code,1860 - Section 300
Murder - Weapon of offence - Identification of the weapon recovered on disclosure by accused - Failure of eye-witness to identify the weapon will be inconsequential when prosecution story is otherwise believable.
The Code of Criminal Procedure, 1973 - Section 378
Appeal against acquittal - Reappraisal of evidence in an appeal against acquittal is permissible only if it is found that the view taken by the acquitting Court is not a possible view or it is perverse on the face of the evidence record.
The Indian Evidence Act, 1872 - Section 3 , Section 45
Appreciation of evidence - Inconsistencies or contradiction in oral evidence do not rule out oral evidence when medical evidence is in consonance with principal part of oral evidence.
The Indian Evidence Act, 1872 - Section 3
Eye-witness reacting in unusual manner after incident which did no affect the prosecution case - Witness cannot be disbelieved.
Topic(s)-