Saturday, 12 September 2020

Whether court can rely on evidence of a witness who has not informed about the incident to family member of deceased or police?

 This witness stood to all tests in cross-examination. He
stated in the cross-examination that neither he nor any other person
present there made any effort to take Ananda to dispensary.He did not inform the incident to the family members of Ananda or to the police. It is true that this witness did not inform the family members of the deceased Ananda nor did he inform the police. Such conduct of this witness is not unusual. Now a days, nobody wants to get involved in the rig marole of the legal procedure. People also do not want to get themselves entangled into the affairs of others. Therefore, simply because this witness did not inform the incident to the family members of the deceased or to the police, cannot lead to an inference that he was not present at the spot of the incident.


IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPEAL NO. 268 OF 2014

 Shyamsundar Vithal Pawle Vs The State of Maharashtra 

CORAM : S. V. Gangapurwala &
M.G. Sewlikar, JJ.

PRONOUNCED ON : 11th September, 2020.

JUDGMENT : ( PER M. G. SEWLIKAR, J.).
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