them died and their bodies were charred. The accused persons threatened the eyewitnesses who were present at the spot with dire consequences. The house ... fire leading to death of ten persons was witnessed by several eyewitnesses. One person went and informed the police constables and other officials who were
there is no defence evidence adduced, are the medical evidence, motive, the eyewitness account of the mortal attack as given ... Investigating Officer.
21. The trial Court has mainly relied upon the eyewitness account of the mortal attack as given
both oral and
documentary evidence. PWs.1 to 3 are the direct
eyewitnesses to the incident. PW1 in his evidence has
specifically stated about ... oral argument would contend that PWs.1 to 3 are
eyewitnesses and there are two deaths on account of this
incident; one died
doctor and it is Ex.F5. After recording statement of the eyewitnesses to the occurrence, and on completion of the investigation ... examined not only the injured complainant P.W.2 Siddappa but other eyewitnesses who are also police officials namely
that entire case rests on the
evidence of recovery, evidence of the eyewitnesses,
supporting evidence of the Doctor, official and the
circumstantial evidence ... prosecution.
(v) It is his further submission that the testimony
of the eyewitnesses is not trustworthy and reliable. As
per the case of the prosecution
submitted that P.Ws.1, 7, 9 and 13 are the
eyewitnesses to the incident who were examined before
the trial Court ... injuries sustained. The learned SPP has submitted that the
versions of the eyewitnesses are also supported by the
medical evidence. The weapons used for committing
been half broken. This is also spelt out by
the other eyewitnesses to the occurrence, who have
been examined in the case. If according ... eyewitnesses, an iron rod had been inserted into his
mouth, on account of which, he sustained injuries on
his lips and also inside the mouth
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
incident and the
prosecution has attempted to show him as an eyewitness to
the incident. He has submitted that the name of PW.19
having ... evidence of PW.1 only remains on the file as being the
eyewitness to the incident. It is submitted by the learned
Counsel that though
evidence of PWsi6 & 18 who are stated
to be the eyewitnesses and supported the case of the
prosecution is not credible and their presence ... Trial Court has rejected their
evidence. PW1. who is the injured eyewitness and P,W26
have turned hostile and do not support the prosecutions case
