Penal Code, 1860 — Section 302 — Independent witness

September 5th, 2013

Penal Code, 1860 — Section 302 — Independent witness — Effect of non-joining — As per prosecution, accused killed the deceased in their field in the intervening night between 6-7.1.2005 in presence of deceased’s mother and sister i.e. PW-3 and PW-4 — Material revealed that abadi was at some distance from the place of occurrence — Therefore, the hue and cry raised by the deceased, and subsequently by PW-3, could not have attracted the attention of any person — Resultantly, non-joining of independent witnesses held to be not fatal.

(Paras 17 and 18)

Karan Singh v. State of Haryana[Bench Strength 2], Criminal Appeal No. 1474/2010(28/05/2013), 2013(7) SCALE 435: 2013(4) Supreme 501: 2013(9) JT 23: 2013(6) SLT 22 [B.S. Chauhan, J.: Dipak Misra, J.]

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