Hiralal Pandey Vs. State of U.P.
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Head Note
Indian Penal Code,1860 - Section 302 , The Code of Criminal Procedure, 1973 - Section 156
Defective Investigation - Accused not acquitted on account of defective investigation - Contention on behalf of accused that serological report has not been produced although the blood-stained earth was collected and investigation was not started on the day of occurrence but next morning - Contentions repelled - Held - These are defects in investigation but such defects cannot be a ground to disbelieve the prosecution story which has been proved beyond reasonable doubt.
Indian Penal Code,1860 - Section 302
Chance witness - Murder Case - Accused convicted on basis of evidence of chance witness - Occurrence took on the road - In the situation only passers-by on the road could be the witnesses - Their evidence cannot be brushed aside or viewed with suspicion on the ground that they were mere chance witnesses - Reliable - Conviction of upheld.
Indian Penal Code,1860 - Section 302
Double murder case - Convicted - Eye-witness whose names figured in FIR not examined - Instead two other witnesses examined whose presence at the time of occurrence was also proved - The Court found that their evidence was reliable and could not be doubted - Conviction based on the evidence of these two witnesses upheld - Conviction of accused that prosecution story should not be believed because the independent witnesses have not been examined - Contention not tenable.
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