Inder Singh & Ors. Vs. State of Rajasthan
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Head Note
Indian Penal Code,1860 - Section 302 , Section 149 , Section 307
Murder - Common Object - Appreciation of evidence - The informant had though claimed presence of 29 persons but subsequently five were acquitted by the trial court and one was acquitted by the High Court - Since the accused persons and the 6 material eye witnesses in this case are co-villagers, it is expected that at least three witnesses should be in a position to name individual accused persons for sustaining his conviction - It is found that there is doubt against participation of 5 accused because although they have been named specifically by informant P.W.15 as persons who were members of the unlawful assembly and who participated in assault but such claim of the informant has not been supported by more than one witness - In other words, there is no clear and cogent evidence of three witnesses against the aforesaid accused persons - Appeal preferred by those five person allowed granting benefit of doubt and acquitted of all the charges - The appeals of remaining 16 appellants liable to be dismissed.
Topic(s)-Murder - Common Object - Appreciation of Evidence
Important Decision(s)- The accused persons and the 6 material eye witnesses in this case are co-villagers, it is expected that at least three witnesses should be in a position to name individual accused persons for sustaining his conviction -It is found that there is doubt against participation of 5 accused.