Hajiaslam Maqbul Hasan Khan claimed to be the eyewitnesses to
the incident. According to the prosecution case, P.W.1 Akil ... Marg Police Station had recorded the FIR and the
statements of the eyewitnesses. He had conducted the initial part
of the investigation
witness who is a natural one and is the
only possible eyewitness in the
circumstances of a case cannot be said to
be 'interested ... view that a "natural witness" or
"the only possible eyewitness" cannot be an
interested witness may not be, with respect,
correct
Bhatele had died homicide
death.
(10) Arati Bhatele (PW1) is the only eyewitness in the case.
She has stated that the incident took place ... witness who is a natural one and is the
only possible eyewitness in the
circumstances of a case cannot be said to
be 'interested
witnesses to the
incident and they were subsequently planted as eyewitnesses.
• according to alleged eyewitnesses, injuries were caused to the
deceased by sword-cane (gupti ... light at the spot, it is not possible for the alleged
eyewitnesses to identify the assailants.
• to attract Section 149 of the IPC the prosecution
witnesses to
the incident and they were subsequently planted as eyewitnesses.
• PW-1, lodger of FIR, hails from a distant place ... judgment, it has been argued by the State
Counsel that;
• all the eyewitnesses, out of which three are injured witnesses, are
natural witnesses
following fact:
(i) that at the relevant point of time, all the eyewitnesses i.e. PW-1
Lallan Bole, PW-2 Ramnarayan, PW-4 Praveen ... were having
their meals at hotel Surya.
(ii) that statements of the eyewitnesses do not tally with the
postmortem reports of the deceased persons
accused persons.
The brother of the complainant Kamlapat Rai is eyewitness of the incident and was examined as P.W-2. He had stated that ... findings recorded by the learned trial court and contended that the eyewitness account of the prosecution witnesses cannot be disbelieved, even if the motive
following fact:
(i) that at the relevant point of time, all the eyewitnesses i.e. PW-1
Lallan Bole, PW-2 Ramnarayan, PW-4 Praveen ... were having
their meals at hotel Surya.
(ii) that statements of the eyewitnesses do not tally with the
postmortem reports of the deceased persons
returned to the scene of the
crime, but could not find any eyewitness thereto. He, accordingly,
prepared tehrir (Ex PW-25/A), for registration
following fact:
(i) that at the relevant point of time, all the eyewitnesses i.e. PW-1
Lallan Bole, PW-2 Ramnarayan, PW-4 Praveen ... were having
their meals at hotel Surya.
(ii) that statements of the eyewitnesses do not tally with the
postmortem reports of the deceased persons
