TMI Blog2001 (9) TMI 1134X X X X Extracts X X X X X X X X Extracts X X X X ..... ase was committed to the Court of Sessions and the learned Sessions Judge framed charge under Section 302, IPC. During trial the prosecution examined five witnesses, PW-4 Dr. S.N. Tamuly held the autopsy over the dead body of the deceased Tapan Dey and found the following injuries: - (1) One incised wound over middle of left chest of size 2 x 1 x 1/2 . On further dissection the underlying pericardium and heart found lacerated with full of clotted blood. (2) One incised wound on the left hypochondrion of size 3 x 1 x 1 , On further dissection the underlying viscera, colon, peritonium. spleen found lacerated with full of clotted blood. (3) One incised wound on the right internal thigh of size 41/2 x 1/2 x 1 . On further dissection the underlying muscles, fomural artery and veins found lacerated with clotted blood. (4) One incised wound on the right side of the neck of size 4 x 2 x 11/2 . On further dissection the underlying muscles and external carotid artery and vein found lacerated with full of clotted blood. Abdomen:- Peritonium lacerated. In the opinion of the doctor the injuries were ante-mortem in nature and sufficient to cause death individually also. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the solitary eye witness is more or less well settled by a catena of decisions of the Apex Court. There is no bar under the law to base conviction on the evidence of solitary witness. In the case of Anil Phukan v. State of Assam, reported in AIR 1993 SC 1462, the Apex Court observed: A conviction can be based on the testimony of a single eye-witness and there is no rule of law or evidence which says to the contrary provided the sole witness passes the test of reliability. So long as the single eye-witness is a wholly reliable witness the courts have no difficulty in basing conviction on his testimony - alone. However, where the single eye-witness is not found to be a wholly reliable witness, in the sense that there are some circumstances which may show that he could have an interest in the prosecution, then the courts generally insist upon some independent corroboration of his testimony, in material particulars, before recordirig conviction. It is only when the courts find that the single eyewitness is a wholly unreliable, witness that his testimony is discarded in toto and no amount of corroboration can cure that defect. The above principle was reiterated in a later dec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es to the occurrence. We have recently pointed out the indifferent attitude of the public in the investigation of crimes. The public are generally reluctant to come forward to depose before the Court. It is, therefore, not correct to reject the prosecution version only on the ground that all witnesses to the occurrence have not been examined. Nor it is proper to reject the case for want of corroboration by independent witnesses if the case made out is otherwise true and acceptable. With regard to falsehood stated or embellishments added by the prosecution witnesses, it is weii to remember that there is a tendency amongst witnesses in our country to back up a good case by false or exaggerated version. The Privy Council had an occasion to observe this. In Bankim Chander v. Matagini, 24 Cal WN 626 : (AIR 1919 PC 1571, the Privy Council had this to say (at p.628)(of Cal WN): (at p. 158 of AIR): That in Indian litigation it is not safe to assume that a case must be false if some of the evidence in support of it appears to be doubtful or is clearly untrue, since there is, on some occasions, a tendency amongst litigants to back up a good case by false or exaggerated evidence. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re a common feature of the present system. Such erosions cannot be given a bonus in favour of those who are guilty of polluting society and mankind. 10. There is no doubt that the claim of the witness regarding specific assault on the person of the deceased was not there in her statement under Section 161, CrPC. It may be due to the fact that there was no proper examination of PW-1 by the investigating police officer and being a rustic window, she did not give detailed narration. But the question is whether the above omission diminishes the evidentiary value of PW-1. She had categorically stated that after the scuffle that took place between the accused persons and the deceased, the accused fied away and when she went near her brother she saw injuries on the neck, chest and leg. The statement of the witness was fully corroborated by the medical evidence on record. Thus it can be inferred without any doubt that the injuries were caused by the accused persons and none else. So far the calling of the deceased from the house of PW-3 is concerned, the old man has categorically deposed to that extent and to that effect and his evidence remains in tact. So far the street light is conc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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