with the inconsistencies of the depositions of
the eyewitnesses to that of the injured eyewitness’ testimony.
We have perused the documentary and oral evidences ... accused was properly
established with the aid of the testimonies of the eyewitnesses and whether
the Test Identification Parades were conducted properly. All the other
evidence which has come on record, namely, the
testimonies of the eyewitnesses, Jivanbhai, nephew of the
deceased and Madhuben, sister of the deceased, whose
presence ... appellant are also of the deceased. Having regard to the
testimony of the eyewitness; the discovery of the iron pipe at
the instance
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
consists of an eyewitness account of the facts in issue. Perhaps the most commonly-known type of direct evidence is eyewitness testimony, where a witness
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
regarding occurrence is believed, the testimony of
PW.4 that he was also an eyewitness to the incident
from the inception stands utterly falsified ... vicinity at the time
of occurrence, therefore, the testimony given by these
witnesses as eyewitnesses to the incident cannot be
accepted.
(v) According
held in paragraph no.34 as under:-
"The testimony of an eyewitness, if found truthful, cannot be discarded merely because the eyewitness ... possibilities whatsoever of injuries taking place in the manner alleged by eyewitnesses, the testimony of the eyewitnesses cannot be thrown out on the ground
that conviction of an accused can be sustained on the testimony of sole eyewitness if it inspires confidence and is wholly reliable. There ... reads as under:-
3. This case primarily hinges on the testimony of a single eyewitness Ajoy PW 3. Indeed, conviction can be based
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
innocent.
Cr.A.No.752/1989
Page 7 of 23
(b)Testimonies of eyewitnesses namely Vidya Sagar (PW-2) -
son of deceased Bhaiyaram Patanwar, Balistar ... corroborated by medical evidence
with regard to the present appellants. Therefore, testimonies of
eyewitnesses Vidya Sagar (PW-2), Balistar Lal Patanwar (PW-3)
and Bootan
