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Gangabhavani vs Rayapati Venkat Reddy & Ors on 4 September, 2013

26. So far as relation of PW-1 and PW-2 with deceased is concerned, they cannot be termed to be interested witnesses. They are natural and probable witnesses at the first place of occurrence. There is no infirmity in their testimony on this point. It is settled position of law that statement of these witnesses shall be seen very carefully and cautiously, as has been held by Apex Court in Gangabhavani case (supra). Prosecution evidence on the point of last seen evidence and finding of dead body within a short span of time is firm, consistent and cogent. Deceased was not seen along with any other person during that intervening period. Thus last seen theory is fully established from prosecution evidence and reliance can safely be placed on it. Since there is ocular evidence and presence of eye account witnesses at the place of occurrence is not doubtful, manner of incident stated by witnesses also fit in the case, then testimony of eye account witnesses cannot be disbelieved.
Supreme Court of India Cites 24 - Cited by 264 - B S Chauhan - Full Document
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