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2019 (8) TMI 1891 - SC - Indian LawsMob assault - Appellants submits that once the other Accused have been acquitted, the two Appellants alone cannot be convicted with the aid of Section 149 of the Indian Penal Code - Can the evidence of a solitary doubtful eye witness be sufficient for conviction? - HELD THAT:- Conviction on basis of a solitary eye witness is undoubtedly sustainable if there is reliable evidence cogent and convincing in nature along with surrounding circumstances. The evidence of a solitary witness will therefore call for heightened scrutiny. But in the nature of materials available against the Appellants on the sole testimony of PW-1 which is common to all the Accused in so far as assault is concerned, we do not consider it safe to accept her statement as a gospel truth in the facts and circumstances of the present case. If PW-1 could have gone to the police station alone with her sister-in-law at an unearthly hour, there had to be an explanation why it was delayed by six hours. Given the harsh realities of times, it is found virtually impossible that two women folk went to a police station at that hour of the night unaccompanied by any male. These become crucial in the background of the pre-existing enmity between the parties leading to earlier police cases between them also. The possibility of false implication therefore cannot be ruled out completely in the facts of the case. The High Court concluded that the Appellants alone were the assailants of the deceased. Ishwar is also stated to have assaulted with a lathi capable of causing lacerated wounds - The susceptibility of eleven injuries, including incised wounds, by two Accused is considered highly improbable. The order of the High Court found to be unsustainable and accordingly set it aside - The Appellants are acquitted - appeal allowed.
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