TaxTMI 
TaxTMI 
1970 (2) TMI 152
X X X X Extracts X X X X
X X X X Extracts X X X X
....e authorities and urged that the law is well settled that if the other independent witnesses do not support the prosecution version, it is not safe to base a conviction on the statements of official witnesses alone. 3. learned Counsel, therefore, wanted me to hold that it is practically a rule of law that where independent witnesses are joined but do not support the prosecution, then conviction cannot be upheld on the testimony of official witnesses alone. 4. I am afraid I am unable to lay down such a proposition and must content myself by saying that in each case the Court must come to the conclusion whether the evidence, which has supported the prosecution version, whether from official source or otherwise, is sufficient to bring home t....
X X X X Extracts X X X X
X X X X Extracts X X X X
....e. To support this, he has cited some authorities. 6. In Criminal Revn. No. 1213 of 1962 (Punj), Charan Singh v. The State decided by E. P. Khosla J., on 15-7.1963, the learned Judge came to the conclusion that the testimony of the non-official witnesses in that case was wholly unsatisfactory and observed- It is not otherwise safe to base the conviction on the statements of the Excise Sub. Inspector and the other official witness, name, ly, Eartar Singh Assistant Sub-Inspector police. The learned Judge in that case had come to the conclusion that oral evidence produced by the prosecution was not consistent in respect of time of occurrence and the venue and that one Kartar Singh was virtually a stooge of the police. It means that the lea....
X X X X Extracts X X X X
X X X X Extracts X X X X
....d by Suri J., on 14.11-1969. There 600 kilograms of Lahan was recovered in a raid but no independent witness was joined and the learned Judge held that no explanation had been given why no independent witnesses were joined. He held that since it is requirement of law that independent witnesses must be joined, their non-joining without giving an explanation made the prosecution story doubtful. In that case the accused was a young boy of 13 years, not being a previous offender. It . may be noticed that the revision was accepted because provisions of law had not been com. plied with and it has not been laid down that testimony of official witnesses, where the other witnesses have not supported the prosecution version, cannot be relied upon. 9....
X X X X Extracts X X X X
X X X X Extracts X X X X
....deal of doubt regarding his bona fide. Consequently, the learned judge was not in. dined to act upon the solitary statement of the official witness, specially when Ramji Dass had not supported the prosecution case. 11. learned Counsel then relied upon Piara Singh v. The State (1968) 70 PLR 156. In that case some witnesses of the locality had been joined but did not fully support the prosecution case. The learned Judge observed as under:- ..., it will not be safe to rely on the evidence of the investigating officer alone and convict an offender especially when some allegations of partiality and interestedness are made against such officer. In the present case, there is no allegation of any partiality and it is not a case which rests on t....
X X X X Extracts X X X X
X X X X Extracts X X X X
....nces should not be accepted and thus should be scrutinized carefully. He has submitted that there are three types of witnesses, interested, disinterested and accomplices. In the present case the two official witnesses are certainly not accomplices. They are interested only because they have started the prosecution and would naturally like to see that their version is accepted. In State of Bihar v. Basawan Singh 1958 CriLJ 976, the correct rule laid down was as under : - If any of the witnesses are accomplices who are 'particeps criminis' in respect of the actual crime charged, their evidence must be treated as the evidence of accomplices is treated; if they are not accomplices but are partisan or interested witnesses, who are conc....
X X X X Extracts X X X X
X X X X Extracts X X X X
....evidence against one of their own co-villagers. The recovery of the working still was made and vide recovery memo Exhibit P. A. articles Exhibits P.I top. 12 were taken into possession by the raiding party. It is not possible to believe that in the heart of the village, the police and the Excise, Inspector would foist such a case on the accused. 16. On a consideration of the authorities mentioned above, I have come to the conclusion that there is no such inflexible rule as suggested by the learned Counsel for the petitioner and in each case the Court must examine whether on the facts of that case there is sufficient evidence brought before the Court to bring home the guilt to the accused. Various circumstances are to be considered by the C....