Evidence Act, 1872
Section 3—Testimony of injured witness—Credibility—Minor discrepancies/omissions do not corrode the credibility of an otherwise trustworthy witness—Evidence of injured witness has greater evidentiary value and cannot be discarded lightly unless compelling reasons exist for the same.
[Para 8.3]
Indian Penal Code, 1860
Sections 302, 307 & 452—Murder, attempted murder and house-trespass after preparation for hurt, assault or wrongful restraint—Conviction—Simply because the mud marks are not seen on the sketch of the knife does not in any manner impact the version of prosecution witnesses about recovery of knife at the instance of appellant/accused pursuant to his disclosure—Testimony of injured witness is natural and inspire confidence and further supported by other prosecution witnesses—Forensic evidence also supports the version of eye-witness and establishes the presence of appellant/accused at the spot and connect him to the crime—Motiviation on the part of appellant to assault is reflected in the incident/arguments which took place between the appellant and complainant earlier night—Even if same is ignored for a while, in the light of evidence which has come on record, absence of motive does not in any manner impact the case of prosecution—Prosecution has been able to prove its case beyond reasonable doubt—Conviction upheld.
[Paras 8.3, 13, 15.5, 16.3, 20 to 22]