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2014 (5) TMI 1214 - SC - Indian LawsMurder - appellants has submitted that the courts below have committed an error convicting the appellants on the evidence which has been totally disbelieved on the basis of which the other remaining 15 accused stood acquitted - material discrepancies in respect of the manner and number of injuries caused by the appellants to the deceased - HELD THAT:- In the instant case, Malliga (PW.1), wife of deceased, in the FIR, in her statement under Section 161 Cr.P.C. and in her deposition in the court, had specifically named both the appellants. Even though, she had named other persons also. The appellants had been known to the said witness for a long time as they were closely related. There was sufficient light as per the evidence on record even otherwise there can be no difficulty to recognise so closely related persons even in darkness. The injuries found on the person of the deceased are duly supported by medical evidence as well as got corroborated by the deposition of Malliga (PW.1) - It has further been held by the trial court that the appellants herein came with Aruval and attacked the deceased indiscriminately causing injuries on the neck, chest and other parts of the body, though, inadvertently, the trial court has mentioned that the injuries found on all over the body, had caused the death. It is a settled legal proposition that in case the question is not put to the witness in cross-examination who could furnish explanation on a particular issue, the correctness or legality of the said fact/issue could not be raised. Presence of light at the place of occurrence at the relevant time - HELD THAT:- The trial court recorded the findings to the fact that there was sufficient light. The High Court reappreciated the evidence and came to the conclusion that admittedly there was light in the facet of the house and there was also street light illuminating the place of occurrence. Even in the observation Mahazar Ex.P-18, the light has been shown. The evidence of Kumareshan (PW.19), the wireman of Electricity Board, was examined to prove the fact that at the relevant point of time, the electricity was in supply at the place of occurrence. There is some discrepancy in the statement of Malliga (PW.1) in this regard but she might have not been able to give exact specific account being an illiterate village woman and as the appellants have not been strangers, there could be no difficulty for her to identify the appellants even in the darkness. It has to be appraised in each case as to what extent the evidence is worthy of credence, and merely because in some respects the court considers the same to be insufficient or unworthy of reliance, it does not necessarily follow as a matter of law that it must be disregarded in all respects as well - Appeal dismissed.
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