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1975 (12) TMI 184

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..... 8. In that case one Rameshwar Dass of Ambala City was arrested by Jagat Singh at Murthal Bus Stand after searching his person and recovering from him 20 gold coins and 47 gold bangles weighing 101 tolas. Rameshwar Das was produced in court on April 27, 1968 and was remanded to judicial custody till April 29. In order to help Rameshwar Dass, Om Prakash and Sulekh Chand, who were co-accused with the appellant (since acquitted) apparently took the help of the appellant to approach Jagat Singh to save Rameshwar Dass from the Criminal case. The appellant suggested to Jagat Singh to substitute the seized gold coins by 20 other gold coins which he would be supplied with and if he would do that he would be paid ₹ 1000/- for this help in the c .....

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..... rbhaksh Singh. One of the witnesses of the raiding party was given up as being won over by the appellant. Nathuram (PW 3), proprietor of the Hotel, also did not fully support the prosecution case and was declared hostile by the prosecutor. 5. The special Judge, Rohtak convicted the appellant and sentenced him to undergo rigorous imprisonment for one year and acquitted the other two co-accused, as stated earlier. The High Court on appeal maintained the conviction and sentence. Hence this appeal by special leave. 6. We have heard the learned Counsel for the appellant and are unable to find any infirmity in the conviction. It is clear that the two co-accused being interested in Rameshwar Dass took the help of the appellant to influence Jagat S .....

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..... to cross-examine his own witness, thus characterising him as, what is described as a hostile witness, does not completely his evidence. The evidence remains admissible in the trial and there is no legal bar to base a conviction upon his testimony if corroborated by other reliable evidence. We are satisfied in this case that the evidence of Jagat Singh, but for whose prompt assistance the case would not have seen the light of day and whose statement had immediately been recorded by the D.S.P., is amply corroborated by other evidence mentioned above to inspire confidence in his. testimony. Apart from that the fact of recovery of the gold coins in the pocket of the appellant gave a seal of finality to the truth of the charge against the appel .....

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