assaulting the deceased with
the axe is proved by the evidence of eyewitness
PW-1.
(iv) The evidence of PW-1 is corroborated ... under Section 162 of Cr.P.C.
(b) PW-1 is an eyewitness, as per Ex.P-7. There are
improvements and embellishments
have been
examined before the trial Court are the eyewitnesses to the
incident and they have clearly deposed in their evidence that
they have personally ... submits
that in the evidence of P.W.2, one of the eyewitnesses, so also,
in the evidence of P.W.16, the Investigation Officer
Jiya
was the close friend of the deceased and also eye
eyewitness to the incident. PW.3, PWs.5, 7 and 9 are also
eyewitness ... important aspects in this case i.e., i) the version of the
eyewitnesses ii) recovery of the incriminating articles at
the instance of the accused
this Court
that this case is based on or revolves around the eyewitnesses
version. But there are serious discrepancies in the evidence of
the prosecution ... witnesses. He contends before this Court that
some of the eyewitnesses were close relatives of the deceased
and they were interested. Therefore, their evidence
hospital, this
shows that PW6 was not present and not a
eyewitness. He further submitted that the place
where the alleged incident has taken place ... place of incident and under such circumstances
there is no question of eyewitness seeing the accused
persons assaulting the deceased. He further
submitted that
examined
before the trial Court are the eyewitnesses to the incident. In
their evidence they have consistently deposed that accused ... accused Nos.1 to 3 is spoken to by the
eyewitnesses P.Ws.5 and 32. The learned Sessions Judge has
disbelieved their evidence only
accused is not
sustainable in law and facts. The alleged eyewitnesses
have not spoken about the rash and negligent driving of
the vehicle ... court below has only accepted the
evidence of the alleged eyewitness and convicted the
accused. There are contradictions in the evidence
counsel for the appellants
strenuously contended before the Court that, all the
eyewitnesses in one or the other way related or interested
6
witnesses they ... injuries sustained by the deceased compared to evidence
of the eyewitnesses. He further submits that, the evidence
of Doctor is very feeble to draw
evidence
of PWs.5 and 6. The evidence of the alleged eyewitnesses
were not properly appreciated by the courts below. That ... evidence of PW.1-complainant, who is
said to be the eyewitness. There are road humps or speed
breakers as per the evidence
have seen the deceased victim traveling
in the Maxi Cab. The eyewitness was the friend of the
deceased victim. The statements of other passengers ... counsel for the petitioner has strenuously
contended that though there is no eyewitness to the
accident, the Police Constable, who is said
