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Kapil Deo Mahto vs State Of Bihar on 7 November, 2012 cites

Kathi Bharat Vajsur & Anr vs State Of Gujarat on 8 May, 2012

38. A question therefore, would also arise as to how far the aforementioned discrepancy as with regard to recovery of Phatti would weaken the prosecution case. It has been well settled that not each and every weakness or error committed by I.O. would by itself demolish the otherwise believable prosecution case fully supported from the ocular evidence and medical evidence. Reference in this connection may be usefully made to the judgment of Hon‟ble Apex Court in the case of Kathi Bharat Vajsur & Anr. v. State of Gujarat reported in 2012 Cri. L.J. 2717 wherein it has been observed as follows:-
Supreme Court of India Cites 23 - Cited by 121 - H L Dattu - Full Document

Tarun Bora @ Alok Hazarika vs State Of Assam on 12 August, 2002

24. Thus, even from the evidence of PW-2, a hostile witness not only the status of PW-3 in capacity of wife has been confirmed but the story of chase by both the appellants leading to grappling and assaulting gets some sort of support. What would be the effect of such suggestion given to PW-2 by the defence has to be understood in context of the prosecution case introduced by PW-3 where she had given the detailed version of such occurrence at both the points, the first one taking place in the Khalihan of the appellants and the second one of the assault after chase in the field of Ranjeet Chaudhary. As a matter of fact, when PW-2 was suggested by the defence itself that it was not a fact that he was going to Piri Bazar on his own bicycle and he had not seen Jawahar, Kapildeo and Manikchand grappling and assaulting, it would mean that defence itself had given a suggestion that in spite of being declared hostile by the prosecution as he had failed to support the prosecution case as given by him to the police, he was still an eyewitness to the occurrence. In this background PW-2 even being 18 after declared a hostile by prosecution can be relied for supporting the part of prosecution case as with regard to the appellants chasing the deceased and indulging in the act of grappling and assaulting on the deceased. In such a situation, we will have no difficulty in looking into the evidence of PW-2 to the extent he has supported the prosecution case inasmuch as it is by now well settled that the evidence of a hostile witness cannot be rejected as a whole. Somewhat in a similar situation, the Hon‟ble Apex Court in the case of Tarun Bora v. State of Assam reported in 2002 Cri. L. J. 4076 had taken into account the effect of suggestion of this nature and had held as follows:-
Supreme Court of India Cites 15 - Cited by 21 - Full Document
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