Khushi Gupta
Published on: April 22, 2022 at 22:28 IST
The Patna High Court recently held that Minor Contradictions, Inconsistency or Improvement to trivial points by a Witness, could not be made a Ground on which the Evidence can be rejected totally.
A Division Bench of Justice Sunil Kumar Panwar and Justice AM Badar remarked,
“Some variances are natural from the mouth of the Witnesses who were deposing after lapse of a year or that may also depend on the loss of memory. There is no reason to raise doubt the presence of Prosecution Witnesses at the place of occurrence.”
Two Appeals have been preferred against the Judgment of Conviction and Sentence passed by the Additional Sessions Judge.
Advocate Jitendra Kumar Giri, appearing for the Appellants made a three-fold submission: Firstly, the relationship between the Deceased and the Appellants were cordial before the occurrence.
Secondly, the Trial Court has relied upon the Evidence of PW-1, who is a veteran Criminal and Accused in several Murder Cases. Thirdly, the Medical Evidence in respect of the death of the Deceased does not align with the Ocular Evidence deposed on behalf of the Prosecution.
“It is trustworthy evidence that Tribhuan Pandey fired from close range on the order of accused Chandradeo Pandey and all the other accused persons were standing with country made fire arms”, the Court added.
The Appeals were dismissed accordingly.
