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66. Learned ASG identified the injuries of the witnesses and the deceased and compared them with the documentary evidence and the statements of doctors to emphasize the veracity of the eyewitnesses. She has also referred to the post-mortem report of Rakesh Shukla, Rajesh Shukla, Srikant Pandey, Gudda, and Ved Prakash and again co-related it to the evidence of the doctors who were examined with the corresponding exhibits. This is another factor, according to the learned ASG to add credence to the statement of the eyewitnesses.

68. Referring to the submission of the Appellants that non-examination of witnesses would be fatal for the prosecution, she has referred to certain decisions of this Court indicating the correct approach that needs to be adopted. The reasoning adopted by the High Court in reversing the decision of the Trial Court was brought to our notice. The learned ASG emphasized that the Trial Court had adopted a super technical approach in analyzing the statement of the eyewitnesses and rejected them without appreciating the principles on the basis of which an injured eyewitness evidence is to be considered. It is her submission that the Trial Court has committed a serious error in acquitting all the accused in the teeth of clear evidence of the eyewitnesses. The learned ASG concludes by saying that the High Court has not committed any error, in fact or in law while reversing the decision of the Trial Court. For this reason, she had prayed dismissal of these appeals. Submissions by the Informant:

witnesses of credibility, though even in such cases if a motive is properly proved, such proof would strengthen the prosecution case and fortify the court in its ultimate conclusion. But that does not mean that if a motive is not established the evidence of an eye-witness is rendered untrustworthy.” 27 (1973) 3 SCC 219.

83. In the case of State of Uttar Pradesh v. Kishanpal and Others28 it was held that:

“39. The motive may be considered as a circumstance which is relevant for assessing the evidence but if the evidence is clear and unambiguous and the circumstances prove the guilt of the accused, the same is not weakened even if the motive is not a very strong one. It is also settled law that the motive loses all its importance in a case where direct evidence of eyewitnesses is available, because even if there may be a very strong motive for the accused persons to commit a particular crime, they cannot be convicted if the evidence of eyewitnesses is not convincing. In the same way, even if there may not be an apparent motive but if the evidence of the eyewitnesses is clear and reliable, the absence of in adequacy of motive cannot stand in the way of conviction.”

165. In the recent case of M Nageswara Reddy v. State of AP44 it was held that:

“16. Having gone through the deposition of the relevant witnesses — eyewitnesses/injured eyewitnesses, we are of the opinion that there are no major/material contradictions in the deposition of the eyewitnesses and injured eyewitnesses. All are consistent insofar as Accused 1 to 3 are concerned. As observed hereinabove, PW 6 has identified Accused 1 to 3. The High Court has observed that PW 1, PW 3 & PW 5 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. Therefore, in the facts and circumstances of the case, the High Court has materially erred in discarding the deposition/evidence of PW 1, PW 3, PW 5 & PW 6 and even PW 7.