evidentiary material
not being put to the accused, the court must
ordinarily eschew such material from
consideration. It is also open to the appellate
court
Banney Singh were on the roof
cannot be denied. Even if we eschew certain portion from the
evidence of PW-2, his assertion
days and no explanation was offered for the same. Even if we
eschew the evidence of PW-11, as observed earlier, there is no reason
view that merely because a witness is related,
his evidence cannot be eschewed. On the other hand, it is the duty of the
Court
brothers/related to the deceased, their evidence
cannot be eschewed. According to him, the role of the Court is to
scrutinize the evidence carefully
witnesses are related
to the family of the deceased, cannot be eschewed. However, their
testimonies have to be scrutinized carefully and if there
recovery of the weapons
became doubtful and they are to be eschewed from the consideration;
(iii) Non examination of Manikandan and Suresh who accompanied
could not be relied on and therefore, the same is to be eschewed. If this document is ignored, as not genuine and inadmissible
learned counsel for the accused/appellant, we are also constrained, to eschew this evidence, which should follow, the "last seen theory" sought
omission, as the case may be we are not inclined to
eschew the oral evidence of P.Ws.1, 2, 7 and 8 since
