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Mano Dutt & Anr vs State Of U.P on 29 February, 2012

13. Even in the incident Fandulal (PW/4) also sustained injury, which shows that this witness is present on the spot at the time of incident. Hon'ble Apex Court in the case of Mano Dutt & Another Vs. State of U.P, (2012) 4 SCC 79 held that "the injury to the witness is an inbuilt guarantee of his presence at the scene of the crime and because the witness will not want to let his actual assailant go unpunished merely to falsely implicate a third party for the commission of the offence. Thus, the deposition of the injured witness should be relied upon unless there are strong grounds for rejection of his evidence on the basis of major contradictions and discrepancies therein." There are no major contradictions and discrepancies in the statement of Fandulal (PW/4) on the point that in the incident appellant inflicted injury in the stomach of Guladar by ballam. So there is no reason to disbelieve his statement up to this extent which is also supported by the statement of other witnesses also as discussed above.
Supreme Court of India Cites 38 - Cited by 226 - S Kumar - Full Document
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