accused, prosecution examined 22
witnesses, PWs 1 to 6 and 11 being eyewitnesses, marked ... such a conclusion is on the
following:
The evidence of the eyewitnesses is inconsistent and not trustworthy. The
first information report did not contain
examined on the defense side. On the basis
of statements of eyewitnesses, Ramrati (PW 9—wife of the deceased), Chameli
(PW 8—wife ... sentence
got abated. The High Court also found the statements of eyewitnesses to be
cogent and trustworthy, therefore concurred with the judgment of the trial
appellants vehemently
contended that the trial Judge erred in believing on the
eyewitnesses account given by complainant Pooran Singh
(PW-1), Suresh Singh ... complainant was also
acquainted with them. Dharmveer Singh (PW-4) as eyewitness
was not named in the FIR, whereas another eyewitness Raju
Kushwaha mentioned
Rakesh (PW-10) and Tilak Singh (PW-12), who were
presented as eyewitnesses to the incident. In rebuttal to
the evidence led by the prosecution ... counsel for the appellant had argued that the
prosecution had produced several eyewitnesses who had
categorically specified the role of the accused persons.
However
prove the guilt of the appellants/accused, the
prosecution has examined three eyewitnesses, namely Mohan
Singh, PW6, Shankar Singh, PW8 and Prakash Singh, PW10.
They ... confirmed by him in his statement.
12. The statements of aforesaid eyewitnesses have remained
unimpeached during the long cross examination. Shankar Singh,
PW8 and Prakash
here under:
Shivendra Singh, informant PW-1 claims himself to be eyewitness of the occurrence and he has proved the first information report. Narayan Singh ... also eyewitness of the occurrence. Anil Chauhan PW-3 is scribe of the report. S.I. Hansraj Singh PW-4 has proved relevant entry
mind may be
as well convinced as if it were proved by eyewitnesses."
76. These arguments, however, are of no avail, in view ... have held as
under: -
"24. It is trite that where the eyewitnesses' account is found
credible and trustworthy, medical opinion pointing to alternative
Rakesh (PW-10) and Tilak Singh (PW-12), who were
presented as eyewitnesses to the incident. In rebuttal to
the evidence led by the prosecution ... counsel for the appellant had argued that the
prosecution had produced several eyewitnesses who had
categorically specified the role of the accused persons.
However
appellants submits as under:
(i) that statements of so-called eyewitness PW-14 Setram Gupta, PW-
15 Keshav Pradhan and PW-20 Kumarsai are self ... enmity.
(ii) that PW-15 Keshav Pradhan has been planted as an eyewitness
though he is a resident of different Tahsil. Likewise, PW-20 Kumar
right forearm.
Therefore, even if the prosecution case with regard to the
eyewitnesses and medical evidence is to be accepted,
accused no.6 cannot ... view that even if the statement of
the eyewitnesses were to be considered, they are only bald
allegations so far as the other accused
