given by them in the approver
proceedings by them, are to be eschewed from consideration and
a de novo trial ... cannot canvass for a retrial of
the case eschewing the evidence collected in the judicial
proceedings conducted earlier and also for discarding the 161
statements
facts have already been registered herein above
hence for brevities sake we eschew it's repetition.
In defence appellant abjured all the incriminating circumstances ... scattered to collect favourably
suitable evidenciary pebbles to the prosecution case and eschew rest
of it. Learned counsel castigating impugned judgement submitted that
trial court
witnesses
belies their testimonies, and artificial and unrealistic
testimonies are to be eschewed as has been held in a
decision of this Court ... argue that parrot like testimonies of the witnesses are
to be eschewed. It was vehemently asserted that the
accused deserved to be acquitted
accused to have his explanation is ordinarily to be eschewed from consideration.
20. Now, we shall examine as to what is the test to determine ... 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
escape even while ensuring
that no innocent man is punished. Therefore,
while eschewing the incriminating circumstance
which was not put to the accused in examination ... Nalini (AIR 1999
SC 2640)]. But, if the court decides to eschew
its consideration such a course of action is
unwarranted. To attain the object
Additional District and Sessions Court, Thiruvallur at Poonamallee
and to eschew the evidence of PW4 adduced during his
examination-in-chief ... Criminal Original Petition has been filed by the Accused
No.1 to eschew the evidence of PW4 adduced during his
examination-in-chief
Code of Criminal Procedure praying to direct the Mahila Court, Tiruvannamalai to eschew the evidence of P.W.1 to P.W.8 and also ... side)
ORDER
This petition is filed seeking for a direction to eschew the evidence of PW1 to PW8 regarding
that it is a
piece of evidence which needs to be eschewed from
consideration by this Court on two counts i.e., admissibility
and truthfulness
suicide letter being in the
handwriting of Neeraj would have to be eschewed,
inasmuch as the specimens of handwriting and
signature of Neeraj were obtained ... Court. It held
that once that piece of evidence is eschewed, hardly
any incriminating circumstance is left to sustain
Neeraj’s conviction. Consequently, Neeraj
therefore the evidence given by him on
28.03.2008 can easily be eschewed and the trial Court after considering the
overwhelming evidence available on record ... circumstances the
evidence given by P.Ws.5 and 7 cannot be eschewed with regard to the said
aspect.
17.The prosecution has recovered
