case and the
position of the appellants in relation to the eye witnesses
it was incumbent upon the Sessions Judge to give proper
weight ... eye witnesses.
Those eye witnessess were all police personnel. During this
preliminary inquiry, all the six alleged eye witnesses did
not support the prosecution case
First Information Report
lodged by PW-4, statements of three eye witnesses viz. PW-I,
an on-looker and PWs 3 and 4 recorded during ... murder of the deceased.
2
During the trial, two of the eye-witnesses, viz. PWs 3
and 4 were declared hostile, since they expressed their
analyse the witnesses relied on by the
prosecution.
Eye-witnesses in the boat
39) Babul Dey - PW-1 identified Somesh Das (A-7), Mrinal ... rightly relied on and accepted his evidence.
c) Apart from eye-witnesses PW-1 and PW-3, another eye-
witness Benu Ranjan Dhupi
tried. The prosecution, therefore, in all,
examined nine witnesses including two eye-witnesses and
produced documents to prove its case. After the recording of
evidence ... great detail and found that the
evidence of the two eye-witnesses was trustworthy, cogent,
8
consistent and reliable. On the basis of testimony
Alleging that there were considerable discrepancies in
the statements of the eye-witnesses, between what they
stated to the police and what they stated ... view of the trial
court about the unreliability of the eye-witnesses, mainly
because they had been treated 'hostile' and cross-examined
first information
report is highly belated and (ii) that the alleged eye-
witnesses did not lodge the complaint because they had in
fact not witnessed ... each case. [23 E]
(ii) In the , present case, the eye-witnesses were afraid
to go to the police station during night time and their
this fact. Apart from this, there is definite evidence of three eye-witnesses, namely, P.W. 2 Aiaib Singh, P.W. 8 Gurdev Singh ... along with his assistants. After reaching the spot he examined the eye-witnesses and other persons, took charge of the broken gun of the deceased
Rajesh Velji (PW5), Shashikant (PW6) and Mamudo @ Abdulla (PW9)were cited eye-witnesses. As Rajesh Velji (PW5) did not fully support the case ... declared hostile. The trial court discarded the testimony of the eye-witnesses and acquitted the accused. It appears that the trial court mainly relied upon
this order similar questions were not put to the other
eye witnesses. The Sessions judge convicted the appellants
under s. 302 Indian Penal Code ... counsel to put omissions amounting to material
contradictions to
876
the eye witnesses and prayed that the eye witnesses be
summoned so that the questions
learned Sessions Judge after placing reliance on the testimony of
the eye-witnesses and the medical evidence on record was of the opinion
that ... witnesses. In a case based upon direct eye-witness account the testimony of
the eye-witnesses is of paramount importance and if the Appellate Court
