points
have to be kept in view:
(a) Two or more independent witnesses must hear the
conversation, which should establish that the money was
being ... dispose it of.
(d) The witnesses selected should be responsible
witnesses who have not appeared as witnesses in earlier
cases of the department
witnesses turning hostile, then the story of the prosecution should
be very convincing and the testimony of the official witnesses
notably trustworthy. If independent witnesses ... Both the witnesses belong to Chakarbhata. I know
previously to both witnesses. I have sent the notices to
both witnesses in their names
corroborated by independent witnesses. The State appealed
by special leave :
Held, (1) that the evidence of the two search witnesses
provided independent corroboration ... pointed out
that the two search witnesses Janki Sao and Ganesh Prasad
(prosecution witnesses 4 and 5) were independent witnesses,
who had nothing
drawn. Then, the police in the
presence of independent witnesses, i.e. Manjeet Singh and Gamdur Singh,
conducted the search and during the search, three ... witnesses, condition precedent
is that the evidence of such official witnesses must inspire confidence.
In the present case, it is not as if independent witnesses
search and consequent seizure.
STEP 4: Efforts to associate independent witnesses-
The case set up by prosecution is that they were patrolling on a trail ... party must be discarded, unless
independent corroboration is available. (Ref: Basawan v. Bihar ).
4) In the absence of independent witnesses, the rule of prudence
requires
case, a trap party was constituted and the presence of two independent witnesses were secured with a view to catching the appellant red- handed while ... trap party headed by PW 7 and the two independent witnesses i.e. PW 5 P.K. Sahay, Assistant Chief Vigilance Officer
gauge or discern from
rt
the available evidence on record whether independent
witnesses were available in the immediate vicinity of the
locality where the proceedings ... launched and
concluded. The Investigating Officer, is not obliged to
associate independent witnesses while his proceeding to
carry out proceedings qua search and recovery
seen
the occurrence. It is possible that both these persons may
have witnessed the occurrence and the informant mentioned
the name ... findings of the Sessions Judge and the
High Court, an independent one and was not at all
connected with the litigations between the appellants
ocular
evidence is contrary to medical evidence. All the witnesses are interested
witnesses. Independent witnesses were not examined by the prosecution.
The prosecution has changed ... minds of the Members of the Bar that relatives were not
independent witnesses. Speaking through Vivian Bose, J. it was
observed: (AIR p. 366, para
place was secluded and it was mid night, no
independent witnesses could be associated, therefore, he and HC
Manohar Lal were made as witnesses ... Indian Evidence
Act. Prosecution has not examined
any independent witness. Why
independent witnesses could not be
found has not been explained.
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