Law:

Section:

(a) Penal Code (XLV of 1860), S. 302 -Conviction for murder-Special leave to appeal-Granted by Supreme Court to examine contention that witnesses were not reliable as they had 4,made shifting statements at different stages. (b) Penal Code (XLV of 1860), S. 302-Murder-Eye-witness­..Witnesses living in close vicinity of place of occurrence and therefore ,their presence quite probable-First Information Report made by eye­witness mentioning that the two accused had fired two shots each but injuries on person often deceased found by medical evidence to consist of on two entrance wounds with corresponding exit wounds ­Discrepancy, held, not of nature which should result in total rejec­tion off statement of eye-witness otherwise found to be true. (c) Criminal Procedure Code (V of 1898), S. 59 read with S. 46-Arrest by private person-Shield provided by provisions of slaw to private individual to apprehend culprit committing cognizable and non-bailable offences in his presence-Not limited only for those who actually see commission of crime by their own eyes but also available to those who come to their assistance on their outcry for help. Section 59, Cr. P. C. should not be construed so as to burden the Legislature with the intention that in providing the shield to :private individuals to apprehend the culprits who commit cogniz­able and non-bailable offences in their presence, it had intended that this shield is to be limited only for those individuals who actually see the commission of the crime by their own eyes and 4s not available to those who come to their assistance on their outcry for help. Such a restricted view would destroy the much wanted but rarely displayed public spirit on the part of the neighbors and others who might come to the rescue of the victims of dastardly crimes and help them in bringing the culprits to book. While section 59, Cr. P. C., provides for the circumstances in which a private person may arrest an offender, section 46 lays ,down how is that arrest to be effected and authorizes the use .of all means necessary to execute that purpose. The view that 4he pursuers of a culprit who has committed a non-bailable and cognizable offence in their…

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