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2022 (2) TMI 1299 - SC - Indian LawsConviction of appellant for life - acquittal for the offence charged under Section 307 of the Indian Penal Code (IPC) - reliability on eye witnesses - HELD THAT:- While appreciating the evidence as aforesaid along with the matters attached to it, evidence can be divided into three categories broadly namely, (i) wholly reliable, (ii) wholly unreliable and (iii) neither wholly reliable nor wholly unreliable. If evidence, along with matters surrounding it, makes the court believe it is wholly reliable qua an issue, it can decide its existence on a degree of probability. Similar is the case where evidence is not believable. When evidence produced is neither wholly reliable nor wholly unreliable, it might require corroboration, and in such a case, court can also take note of the contradictions available in other matters. There are three eye-witnesses examined by the prosecution. PWs-1 & 2 have not contradicted between themselves being the eye-witnesses. Merely because they are related witnesses, in the absence of any material to hold that they are interested, their testimonies cannot be rejected. There is also no delay in the registration of the FIR. PW-3 though turned hostile, spoke about the incident in his chief examination. Strangely, in the cross examination he turned turtle, while disputing the very factum of his chief examination made before the court. We do not wish to say anything on the credibility of the said witness in view of the evidence of PWs -1 & 2. The view of the courts on this witness also deserves to be accepted. The High Court has rightly set aside the conviction rendered by the trial court for the charge under Section 307 IPC. PWs-1 & 2 have not spoken about the presence of the injured witness, Om Prakash. The circumstances under which he could not be produced was explained by the prosecution. Merely because he was not produced, the entire case of the prosecution would not become false - the trial court as well as the High court considered the evidence threadbare in coming to the right conclusion. Similarly, the contention that there is non-explanation for the existence of some other empty cartridge recovered from the place of occurrence would not facilitate an acquittal for the appellants as there are materials sufficient enough to implicate and prove the offence against them. Appeal dismissed.
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