1993 (3) TMI 392

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....efore us. 3. The prosecution case is as follows: Both the appellants and the deceased Narinder Pal and some of the material witnesses belong to Amritsar. The two accused were indulging in gambling. About two months prior to the present occurrence, there was a dispute between the appellant Gurcharan Singh and the deceased Narinder Pal. On 17-5-1979 at about 8.45 p.m. the deceased was at the shop of his father Des Raj (PW 3) and at that time, PW-4 was also present at the shop. The accused took the deceased with them on the pretext of seeing a movie. On that night at about 1.00 a.m. both the accused had a quarrel with him at chowk Guru Ram Dass Sarai. It is alleged that Gurcharan Singh caught hold of the deceased by his neck while ....

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....court relying on the circumstantial evidence and particularly on the evidence of PW-6 convicted them. The appellate court confirmed the findings of the trial court. 5. The learned Counsel for the appellant submits that PW-6 is a false witness and is of a questionable character and at the back and call of the police and his conduct is unnatural, and, therefore, it is unsafe to place any reliance on his evidence and that if his evidence is eschewed then the remaining circumstantial evidence is wholly insufficient to connect the accused with guilt. 6. The items of evidence relied upon by the prosecution is as follows: (1) That there was an earlier quarrel between the accused and the deceased that is stated to be the motive. (2) ....

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....kin of the deceased so that they can go for the rescue of the victim, which he did not do. From the record, it does not appear that at least he was examined during the inquest. We do not know when his statement was recorded during the course of the next day. On his own showing, he was involved earlier in some cases. In one case, he has stabbed by the deceased and in another case he himself was the accused for molestation of a woman. Therefore, he is of a questionable character. However, his conduct is highly unnatural. Though we cannot call him entirely a false a witness but in the absence of any other corroborating evidence we think it is highly unsafe to accept his evidence and then convict both the appellants. In this regard, the prosecu....