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Head Note
Criminal Laws - Interested witness
Testimony of - Held that evidence of an interested witness can be relied upon if it is found to be trustworthy and credible -A testimony, if after careful scrutiny is found as unreliable and improbable or suspicious it ought to be rejected - That apart, when a witness has a motive or makes false implication, the Court before relying upon his testimony should seek corroboration in regard to material particulars.
Indian Penal Code,1860 - Section 302 , Section 323 , Section 324 , Section 149 , Section 148
Explosive Substances Act, 1908 - Sections 3 and 4 - Interested Witnesses - Testimony of - Order of acquittal passed by trial Court reversed by High Court - Witnesses who have deposed against the accused persons are close relatives and had suffered injuries in the occurrence - Their presence at the scene of occurrence cannot be doubted, their version is consistent and nothing has been elicited in the cross-examination to shake their testimony - There are some minor or trivial discrepancies, but they really do not create a dent in their evidence warranting to treat the same as improbable or untrustworthy - Submission on behalf of the appellant that the High Court has fallen into error by placing reliance on the evidence of the said prosecution witnesses repelled - Submission that when other witnesses have turned hostile, the version of these witnesses also should have been discredited does not commend acceptance, for there is no rule of evidence that the testimony of the interested witnesses is to be rejected solely because other independent witnesses who have been cited by the prosecution have turned hostile.
Topic(s)-Murder - Interested Witnesses