Golbar Hussain and Ors. Vs. State of Assam and Anr.
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Head Note
Criminal Laws - Interested witness
Testimony of - There is no bar on the admissibility of a statement by related witnesses supporting the prosecution case, but it should stand the test of being credible, reliable, trustworthy, admissible in accordance with law and corroborated by other witnesses or documentary evidence of the prosecution.
Indian Penal Code,1860 - Section 302 , Section 149
Appeal against Conviction - Interest Witnesses - Statements are not corroborated by any independent witness in spite of the incident happening in the market place, with shops on both sides of the road -Held that as the testimonies of PW-4 and PW-5 are not completely reliable, this is a fit case where corroboration by an independent witness was required - Case of the prosecution also weakens on the ground that the only independent witness - High Court should not have set aside the acquittal of the appellants.
The Code of Criminal Procedure, 1973 - Section 378
Appeal against Acquittal - Trial Court has given a reasoned decision after careful and thorough analysis of the evidence produced by the parties - Trial Court also had the advantage of looking at the demeanor of the witnesses, and was correct in granting the benefit of doubt to the accused and acquitting them - High Court erred in presuming a version against the accused as the view which is favourable to the accused should be taken in cases where two views are probable.
Topic(s)-Murder - Interested Witnesses - Acquittal