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1 - 10 of 13 (0.25 seconds)Section 34 in The Indian Penal Code, 1860 [Entire Act]
State Of U.P vs Anil Singh on 26 August, 1988
This submission also deserves to be rejected. It is known
fact that independent persons are reluctant to be a witness
or to assist the investigation. Reasons are not far to
seek. Firstly, in cases where injured witnesses or the
close relative of the deceased are under constant threat and
they dare not depose truth before the court, independent
witnesses believe that their safety is not guaranteed. That
belief cannot be said to be without any substance. Other
reason may be the delay in recording the evidence of
independent witnesses and repeated adjournments in the
court. In any case, if independent persons are not willing
to cooperate with the investigation, prosecution cannot be
blamed and it cannot be a ground for rejecting the evidence
of injured witnesses. Dealing with similar contention in
State of UP v. Anil Singh (Supra) this Court observed:-
Section 302 in The Indian Penal Code, 1860 [Entire Act]
Section 313 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 27 in The Arms Act, 1959 [Entire Act]
Section 154 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 309 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 148 in The Indian Penal Code, 1860 [Entire Act]
Ram Bihari Yadav vs State Of Bihar & Ors on 21 April, 1998
Similarly, in
Ram Bihari Yadav v. State of Bihar {(1998) 4 SCC 517 para
13} this Court observed:-