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Head Note

Indian Penal Code,1860  - Section 302

Alibi - Eye witnesses - Testimony of - Murder - Judgment of acquittal passed by the trial Court reversed by High Court - There are three injured eye witnesses in the present case and it is a case of day light incident - Injuries on the person of said eye witnesses have been corroborated by Doctors - Ocular testimony of eye witnesses cannot be discarded lightly - Once the prosecution has discharged its burden, the burden to prove that appellant 'D' was not present with other accused at the place of incident and had gone elsewhere, lies on him - Injured eye witnesses have assigned specific role as to how he assaulted 'S' who suffered ante mortem injuries which gets corroborated from the autopsy report of 'S' - There are as many as five stabbed wounds out of the six ante mortem injuries - Findings by High Court that accused 'D' has taken false plea of alibi upheld - No illegality in appreciation of evidence, or in arriving at the conclusion as to the guilt of the present appellant by the High Court.

The Indian Evidence Act, 1872  - Section 11

Alibi - Plea of - The word alibi means "elsewhere" - Plea of alibi is not one of the General Exceptions contained in Chapter IV of IPC - It is a rule of evidence recognized under Section 11 of the Evidence Act - However, plea of alibi taken by the defence is required to be proved only after prosecution has proved its case against the accused.

Topic(s)-Murder - Alibi - Conviction