Issues
- Whether the evidence tendered by the witnesses can be discarded solely on the ground that the witnesses were the relative of the deceased?
- Whether delay in lodging the FIR can be a ground to weaken the prosecution case?
Held
- The Apex Court set aside the order of acquittal and convicted the accused.
- The High Court has observed that few witnesses were planted witnesses merely on the ground that they were all interested witnesses being relatives of the deceased. Merely because the witnesses were the relatives of the deceased, their evidence cannot be discarded solely on the aforesaid ground.
- The delay of seven hours cannot be said to be fatal to the prosecution case. Even the FIR was sent to the Magistrate within 24 hours, as required under the provisions of the Cr.P.C. witnesses are all consistent in their testimony and they have fully supported the case of the prosecution. We see no reason to doubt their presence and their deposition.
Relevant Para No.
- 10 & 11