Amir Singh vs The State Of Bihar on 29 May, 2020
Patna High Court CR. APP (DB) No.130 of 2013 dt.29-05-2020
141/145
In the case of Rana Pratap and others Vs. State of
Haryana reported in AIR 1983 SC 680 (Supra), the question of
value of the evidence given by the chance witness came for
consideration before the Hon'ble Supreme Court and the
Hon'ble Supreme Court has said that murders are not committed
with previous notice to witnesses, soliciting their presence. If
murder is committed in a dwelling house, the inmates of the
house are natural witnesses. If murder is committed in a brothel,
prostitutes and paramours are natural witnesses. If murder is
committed in a street, only passerby will be witnesses. Their
evidence cannot be brushed aside or viewed with suspicion on
the ground that they are mere chance witnesses. In the present
case, Rajaram Singh has stated that he used to go to the shop in
morning and when he heard he rushed there and found Ranjit
Kumar Singh and Amir Singh have resorted firing, gunshot of
Ranjit Singh hit the elbow and Amir Singh resorted two firings,
one firing missed and second firing hit the abdominal portion of
the body. So evidence of Rajaram Singh (P.W.1) supported by
others are sufficient to prove that the injuries have been caused
by two persons and Munna Kumar had thrown piece of brick
and Arun Singh did not fire, but came with pistol. So evidence
of all witnesses are corroborative to each other and to say that
Patna High Court CR. APP (DB) No.130 of 2013 dt.29-05-2020
142/145
Rajaram Singh is a chance witness and does not have the
evidentiary value having no substance in the submission.