complainant awakened hearing the sound of a bomb blast. It was a
moonlight night and the PW 1 put on his torchlight ... light of torch of the de facto complainant
(PW 1) and moonlight. According to the evidence adduced
According to Mr. Roy Chowdhury, the
commission of offence occurred on a moonlight night at an open place with a
shade only. The assailants were ... assailants by the eyewitnesses in a night when there was no
moonlight, the proximity at which the assailants would have confronted
with the injured
these people
going in the light of the fire and moonlight. She ran
shouting towards the village and the accused persons
went away towards their ... accused Nos.1
to 3 in the light of fire and moonlight.
Thus, she wants to say that, before she came out of
the house
someone caught hold her hand. She got awaken. In the light of
moonlight she saw Munna Khan and Mulayam Adivasi. When she tried
to raise
this Court observed
that under what circumstances the lack of
moonlight or artificial light does not per se
preclude identification of the assailants ... para 9)
"Even assuming that there was no
moonlight then, we have to gauge the
situation carefully. The proximity at which
the assailants would
lying in front of her house on the cot. It was the moonlight. First of all Mahavir came and awakened her. When she awakened
lying in front of her house on the cot. It was the moonlight. First of all Mahavir came and awakened her. When she awakened
Head Constable Arvind Sengar (PW-6) have accepted that
there was no moonlight in that night, whereas the incident
4 Criminal Appeal ... remember as to whether the night was
dark or there was a moonlight in the night. However Arvind
Sengar (PW-6) has accepted in Para
