Deepak @ Wireless Vs. State of Maharashtra
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Head Note
Indian Penal Code,1860 - Section 395 , Section 396 , Section 397
Dacoity with murder - Accused convicted on basis of evidence of injured witness despite some discrepancies - Eye-witness also seriously injured by the accused persons - She stated in his examination-in-chief that there were four of five persons who committed the offence, but in cross she stated that there were 5 persons - This no reason to discard her version - She rather cleared the doubt in cross examination.
The Indian Evidence Act, 1872 - Section 9 , Indian Penal Code,1860 - Section 395 , Section 396 , Section 397
Test identification parade - Dacoity with murder - Accused not previously known to witness - The witness was also grievously injured by the accused - Accused convicted on basis of his evidence in the Court - The witness in her evidence gave the description of all the accused and the clothes worn by them as well as the physical features - There was unhesitent identification of accused in the Court.
The Indian Evidence Act, 1872 - Section 9
Test identification parade - When be held - Test identification parade would enable the identification of the accused at the earliest possible opportunity after the occurrence by such witnesses is of vital importance with a view to avoid the chance of his memory fading away by the time he is examined in the Court after some lapse of time.
Topic(s)-Test Identification Parade , Dacoity with Murder