Law: Penal Code (XLV of 1860)

Section: 302

(a) Penal Code (XLV of 1860), S. 302---Murder---One solitary eye-witness found reliable---Such witness a relation of deceased--- Rule of prudence require independent corroboration---Such corroboration should be sought in respect of each of several accused, particularly where all accused are brothers. (b) Penal Coda (XLV of 1860), S. 302---Identification---Prosecution witness twice failing to identify accused at identification parade---Mere fact that on direct question by public prosecutor, witness pointing out accused sitting in Court----May raise only a suspicion but cannot be treated as legal proof. (c) Criminal Procedure Code (V of 1898), S. 164----Treatment of witness's statement recorded under S. 164 as evidence at trial -Illegal. (d) Penal Code (XLV of 1860), S. 302---Presence of witness at time of occurrence not improbable in attending circumstances-Mere fact that witness was present at spot by chance-Cannot detract from his veracity. (e) Criminal Procedure Code (V of 1898), S. 154---First Information Report---Making of such report with great promptitude---Gives rise to conclusions that (i) eye-witnesses mentioned could not have been procured if not witnesses of occurrence; (ii) maker of F. I. R. must have either witnessed affair or was otherwise connected with it. (f) Evidence Act (I of 1872), S. 33---Sessions trial---Witness having given his statement before Inquiry Magistrate dying before his examination in Sessions trial-Statement of such prosecution witness tendered in evidence at trial in Sessions---Contention that accused did not fully cross-examine witness during commitment proceedings and as such statement should not be given much importance-Accused having had right and opportunity to cross-examine witness, failure to cross-examine him, held, will not affect use of statement under S. 33, particularly where (according to usual rule) cross-examination was not reserved. (g) Witness---- Corroboration----Crime empties proved by Ballistic Expert to have been fired from revolver recovered at accused's instance---Corroboratory circumstance against accused--Penal Code (XLV of 1860), S. 302. (h) Witness--- Corroboration---Recovery of clothes…