stated by the prosecution. When the
prosecution relies upon the testimony of a sole eyewitness, then such
evidence has to be wholly reliable and trustworthy ... fardbeyan, it would not in any way
affect the testimony of the eyewitness i.e. the wife of the deceased,
who had given a graphic
trial Court committed gross illegality and
perversity in relying upon testimony of so called eyewitness Chandan Sao
(PW7). Each of the learned counsel ... Tarkeshwar (PW1). Learned State counsel further
submitted that the ocular testimony of the eyewitness that assailants had
come armed with firearm, sharp edged weapon, clubs
sure.
24. The conviction in this case largely hinges on the eyewitness testimony
of PW-6. He claimed to have been at home ... also been held that withholding a crucial eyewitness from the trial, whose
testimony might be inconvenient, or might be contrary to the expectation
their Lordships' held that credence to the
testimony of injured eyewitness is to be given since his presence at the scene of
crime ... prosecution case is supported by
two injured eyewitnesses and if their (injured eyewitnesses)
testimony is consistent before the police and the court and
corroborated
ante-timed stands dispelled. Whatever contradictions appeared in the testimony of eyewitnesses of fact regarding happening of the incident are minor contradictions and the same ... such case involving Section 307 IPC.
Similarly, when we scrutinize testimony of another eyewitness PW-2 Rajbeti then the entirety of the evidence suggests that
impugned judgment, we find that there
is no discussion about the testimony of eyewitnesses for
deciding whether their testimony could be believed. In fact,
there ... family of the complainant. After in-depth scrutiny of the
testimony of the eyewitnesses, for the reasons recorded, the
Trial Court was unable to accept
prosecution case when the same was fully established from the testimony of
eyewitnesses whose presence on the spot could not be doubted as they ... prosecution case when the same is fully
established from the testimony of eyewitnesses whose presence on the spot
cannot be doubted as they all received
eyewitness of this case. The only other witness, who have been examined in this case is Ram Baran, who also denies being an eyewitness ... motive for the crime is no reason to discard the eyewitness testimony if there is no other adequate reason to doubt the credibility
contradiction in their testimonies, do inspire credibility to their testimony. The evidence of these witnesses do inspire confidence and their testimony cannot be brushed aside ... placing reliance on the testimonies of the informant and other material witnesses and accepting their testimonies as eyewitness account and for recording its finding
that reasons adduced by the trial court for discarding the testimony of the eyewitnesses were not at all sound. This Court also observed that
