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1 - 7 of 7 (0.34 seconds)Balakrushna Swain vs State Of Orissa on 9 February, 1971
In the case of Balakrushna Swain v. The State of Orissa , despite the Investigating Officer having met the important eye witness did not examine him for some days and the unjustified, unexplained long delay on the part of the Investigating Officer in recording the statement of material witness during the investigation of a murder case has been taken by their Lordships of the Apex Court of the country as rendering the evidence of such witness unreliable.
Ganesh Bhavan Patel & Anr vs State Of Maharashtra on 18 October, 1978
In the case of Ganesh Bhawan Patel and Anr. v. State of Maharashtra , the alleged eye witnesses of the occurrence where examined on the following day of the Investigating Officer visiting to the scene of occurrence soon thereafter. This undue delay on the part of the Investigating Officer in recording their statement was held to cast a serious doubt about their being eye witnesses of the occurrence and it was observed as under:
Babu Maulana And 6 Ors. vs State Of Rajasthan on 14 May, 1986
In the case of Babu Singh and Ors. v. The State of Rajasthan 1978(3)R.Cr.C. 267, absence of blood on the alleged scene of occurrence was held to be suggestive to the fact that the prosecution witnesses have deliberately changed the site of the event with the ulterior motive of depriving the accused of plausible self defence. The learned Counsel for the appellants placing reliance on that case in which both the parties were injured submitted that in the instant case also in view of the statement of Sadhu Singh (PW 13), the Phoola Ram while giving the statement at the hospital was lying on the cot being admitted in the hospital and had given the statement in that very position. In the absence of any convincing evidence regarding the defence of Ganesh Singh having been injured in the house of Phoola Ram and the latter sustaining injuries at his hands we do not feel inclined to attach any importance to the defence version. However, absence of blood at the alleged place of the incident or in the way and its existence on the wall of the 'jhoompa' of Phoola Ram do at least suggest that the incident might not have taken place where the prosecution alleges and the story of Magha Ram bringing the injured from the place of incident to the 'jhoompa' of Phoola Ram is not believable. This also casts a doubt on the evidence of Phoola Ram, Magha Ram and Poorna Ram regarding their witnessing the incident taking place in the lane.
Section 302 in The Indian Penal Code, 1860 [Entire Act]
Section 313 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 34 in The Indian Penal Code, 1860 [Entire Act]
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