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Kartik Malhar vs State Of Bihar on 15 November, 1995

In taking this view, I am supported by the judgment of Kartik Malhar Vs. State of Bihar 1996 (1) RCR (Crl.) 308. In the said case, out of three witnesses, two of them had turned hostile but conviction was based on the sole testimony of third witness. The Hon'ble Court held that FIR No. 216/09 Page 15 of 22 conviction can be based on the testimony of a single eye witness provided his credibility is not shaken and the court finds him a truthful witness. In the present case, prosecution version as stated by PW-14 SI Pritam Singh regarding the recovery of Badal from accused Sushil is corroborated by the testimony of PW-3 Hemant Kumar and therefore simply on the ground that no person from the village was joined in the raid, prosecution version is not rendered doubtful. In my view, prosecution has been able to prove the recovery of Bada from accused Sushil beyond doubt.
Supreme Court of India Cites 16 - Cited by 347 - S S Ahmad - Full Document
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