TaxTMI 
TaxTMI 
2004 (4) TMI 532
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....mirpur. Appellant-Rambali Singh (A-1) and Rajendra Singh (A-2) residents of village Chhani Bujurg got down from that bus. Accused Rambali had a double barrel gun in his hand and a single barrel gun was in the hands of the acquitted accused Rajendra Singh. After that they went to a nearby betel shop. From there they came and stood in front of them and said to his brother, the deceased "Dishonest: should we kill you". At that time Rambali fired from his double barrel gun and killed the deceased who died at the spot. The complainant and others raised alarm and the accused ran away towards the village hospital. There was enmity between the family members of the complainant and accused Rambali Singh due to litigations and for that reason the accused persons had assassinated the deceased-Prem Singh. Many villagers were present there at the time of occurrence. The occurrence report was drafted by Ram Kishan Gupta under the instruction of complainant, registered as FIR and is Exhibit Ka-1. After FIR was lodged, investigation was undertaken. On completion of investigation charge-sheet was placed and matter was taken up for trial after framing charges. Six witnesses were examined to fu....
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....on and want of care and caution required for examining truthfulness of related witnesses' version, both the Trial Court's and the High Court's judgment become vulnerable. Though the presence of several others has been accepted, no reason has been given for their non-examination. Finally, it is submitted that the judgment was delivered long after the hearing was closed and, therefore, the arguments made before the High Court have not been properly considered. Reference was made to a decision in Anil Rai v. State of Bihar (2001 (7) SCC 318) to contend that the judgment should be set aside and the matter remitted to the High Court for fresh consideration. The appellant had taken specific plea that on the concerned date he had gone to jail for the purpose of identification and was not present. Three witnesses were examined to substantiate the plea that the accused-appellant was not present at the time of incident. It was submitted that the plea of alibi set up by the accused-appellant has been erroneously brushed aside without any reasonable basis. In response, learned counsel for the State supported the judgments of the Courts below and urged that the evidence have been critically ....
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....ors to throw doubt about the correctness of time of occurrence as stated by the witnesses. Only when the ocular evidence is wholly inconsistent with the medical evidence the Court has to consider the effect thereof. This Court in Pattipati Venkaiah v. State of Andhra Pradesh (AIR 1985 SC 1715) observed that medical science is not yet so perfect as to determine the exact time of death nor can the same be determined in a computerised or mathematical fashion so as to be accurate to the last second. The state of the contents of the stomach found at the time of medical examination is not a safe guide for determining the time of occurrence because that would be a matter of speculation, in the absence of reliable evidence on the question as to when exactly the deceased had his last meal and what that meal consisted of. In Nihal Singh and Ors. v. The State of Punjab (AIR 1965 SC 26), it was indicated that the time required for digestion may depend upon the nature of the food. The time also varies according to the digestive capacity. The process of digestion is not uniform and varies from individual to individual and the health of a person at a particular time and so many other varying fact....
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....een certainly better if the firearms were sent to the forensic test laboratory for comparison. But the report of the ballistic expert would merely be in the nature of an expert opinion without any conclusiveness attached to it. When the direct testimony of the eye-witnesses corroborated by the medical evidence fully establishes the prosecution version, failure or omission or negligence on the part of the IO cannot affect credibility of the prosecution version. It has been explained by the prosecution as to why there was some delay in lodging the FIR. It has been categorically stated that there was no bus available and, therefore, it could be only done when the bus was available. The question was not raised before the High Court and apart from that, explanation offered appears to be plausible, in the absence of any material to the contrary. Another plea which was emphasised related to non- examination of alleged eye-witnesses. This plea was also not pressed before the High Court. In any event, the investigating officer and the witnesses have been examined to explain the reason as to why the others were not examined and nothing has been brought on record to discredit those claims.....