https://www.taxtmi.com/css/info/rss_sitemap/rss_feed.css?v=1746094055 https://www.taxtmi.com Business/Tax/Law/GST/India/Taxation/Policies/Legal/Corporate Tax/Personal Tax/Vat Law/Legal Information/Tax Information/Legal Services/Tax Services Tax Management India. Com / MS Knowledge Processing Pvt. Ltd. All rights reserved. One stop solution for Direct Taxes and Indirect Taxes https://www.taxtmi.com/caselaws?id=290821 https://www.taxtmi.com/caselaws?id=290821 Challenged the Judgment of High Court, directed acquittal upsetting conviction recorded - Guilty of offence punishable u/s 302 read with Section 149 IPC - Delayed examination of witnesses PW - Non-examination of certain witnesses present at the scene - Inconsistency between medical and ocular evidence - HELD THAT:- The first factor which appears to have weighed with the High Court is taking the deceased to the hospital at some distance. The prosecution evidence amply clarifies as to why that was necessary to be done and the reading of evidence of PWs 1 and 12 is relevant in this regard. The impression may be totally out of context; but the reason given cannot be said to be wholly implausible. Therefore, that should not have been taken as a ground by the High Court for directing acquittal. The second factor which has weighed with the High Court is the delayed examination of three witnesses i.e. PWs 6, 7 and 9. The evidence of PW-7 does not appear to be very much credible and the trial Court and the High Court also did not appear to have placed much reliance on his evidence. But so far as PWs 6 and 9 are concerned, it is clear from reading of the evidence that the Investigating Officer was not asked specifically the reason for their delayed examination. This Court in several decisions has held that unless the Investigating Officer is categorically asked as to why there was delay in examination of the witnesses the defence cannot gain any advantage therefrom. So far as non-examination of Lambodar and two others is concerned it is established by the evidence on record that the village was a faction ridden one. In some cases persons may not like to come and depose as witnesses and in some other cases the prosecution may carry the impression that their evidence would not help it as there is likelihood of partisan approach so far as one of the parties is concerned. In such a case mere non examination would not effect the prosecution version. But at the same time if the relatives or interested witnesses are examined, the Court has a duty to analyse the evidence with deeper scrutiny, and then come to a conclusion as to whether it has a ring of truth or there is reason for holding that the evidence was biased. Whenever a plea is taken that the witness is partisan or had any hostility towards the accused foundation for the same has to be laid. If the materials show that there is partisan approach, as indicated above the Court has to analyse the evidence with care and caution. Additionally, the accused persons have always the option of examining the left out persons as defence witnesses. The inevitable conclusion because of the factual and legal panorama noted above is that the High Court was not justified in directing acquittal. The same is set aside. Respondents are convicted under Section 302 read with Section 34 IPC and are sentenced to undergo imprisonment for life. As they are on bail, they shall surrender forthwith to suffer remainder of the sentence. The appeals are allowed in the aforesaid terms. Case-Laws Indian Laws Fri, 31 Oct 2003 00:00:00 +0530