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2017 (2) TMI 1544 - SC - Indian LawsCommutation of death sentence of Sheikh Shamsul and Sheikh Gheyas, to imprisonment for life - conviction confirmed - interpretation of Section 172 of Code of Criminal Procedure, 1973 - veracity of the evidence adduced - relevance of overt act in conviction Under Section 149 of the Penal Code - rarest of the rare cases theory for confirming death sentence. HELD THAT:- While upholding the judgment and order of conviction passed by the Trial Court, the High Court has primarily relied upon the evidence of eye-witnesses, PW14, PW4, PW5 and PW9 who were found to be trustworthy and reliable. The High Court held that the Accused were sharing the common object of doing away the deceased. However, from a perusal of the cross examinations of PW4 and PW5, it appears that there was personal enmity and PW3, PW4, PW14 were made Accused in a case of murder of Asfak, son of Sheikh Samsul, Appellant herein. PW14 had also filed a case Under Section 307 of Indian Penal Code against the Appellants two years prior to the date of the incident which was still pending. It is seen in the instant case that the witnesses have vividly deposed about the genesis of the occurrence, the participation and involvement of the Accused persons in the crime. The non-examination of the witnesses, who might have been there on the way to hospital or the hospital itself when deceased narrated the incident, would not make the prosecution case unacceptable - prosecution case has been proved by the testimony of the eye-witness since corroborated by the other witnesses of the occurrence. In the instant case, the witnesses, as the High Court has found and there are no reason to differ, are reliable and have stood embedded in their version and remained unshaken. They have vividly deposed about the genesis of occurrence, the participation and involvement of the Accused persons in the crime and the injuries inflicted on the deceased, and on each of them. The present appeals are devoid of merits and the judgment passed by the High Court does not warrant interference - Appeal dismissed.
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