Penal Code, 1860 – s.302 r/w s.34 – Concurrent conviction under – If to be interferred with:
Held: No – Evidence of witnesses cannot be totally discarded merely because they turned hostile to the case of prosecution during the course of trial – One of the panch witnesses duly supported the case of the prosecution as regards the recovery of the alleged weapon/article, Khukri, from the house of the appellant – Merely because the said witness knew the deceased, it cannot be said that he was an interested witness or an unreliable witness – Doctor who carried the post-mortem of the deceased, also opined that the injuries on the body of the deceased were possible with the alleged weapon khukri – Futher, as per the FSL report, the blood group of the deceased was present on the khukri – Courts below discussed the evidence in detail and found the appellant guilty – Prosecution succeeded in proving the guilt of the appellant beyond reasonable doubt. [Paras 10, 13]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Divya Pandey. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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