The appellant physically prevented him from doing so. Nothing therefore turns on the statement of PW 21 with regard to the presence of PW 5 Gajraj Singh yadav in view of the other convincing evidence on the issue. She was injured and profusely bleeding. She claimed that PW 5 Gajraj Singh Yadav was having disputes with her husband brother of Gajraj Singh Yadav ; that her husband was missing since years and that Gajraj Singh was taking revenge from her son, the present appellant for which reason he had falsely implicated him. We find that as per the arrest memo Exh. In such an eventuality the untutored part can be believed or at least taken into consideration for the purpose of corroboration as in the case of a hostile witness.
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While the defence counsel would want us to accept that this shows that the appellant was in custody at Guddu Bahadur meets fellow collegian, Salina Gupta and both fall in love with each other.
The State of Rajasthan, this Court examined the provisions of Section 5 of Indian Oaths Act, and Section of Evidence Act, and held that every witness is competent to depose unless the court considers that he is prevented from understanding the question put to him, or from giving rational answers by reason of tender age, extreme old age, disease whether of body or mind or any other cause of the same kind.
He proved in court his opinion as Exh. The trial court found that the circumstances proved by the prosecution unequivocally established the guilt of the appellant and were incompatible with his innocence resulting in his Page 11 of 51 conviction by the judgment dated 2nd June, The Court kjmar held as under:.
Corroboration would be sought only when the testimony of the solitary witness was neither wholly reliable nor wholly unreliable. Oumar absolute principle has been laid down in Sharad Birdhichand Sarda supra to the effect that merely because the evidence is being given by the child of a person who has been murdered, the same ought to be completely disregarded.
According to PW Shyam Singh, the doctor took a hair sample of appellant Raj Kumar and converted the same into a parcel which was duly sealed and handed over to the Head Constable Krishan Kumar Kaushik vide memo Exh. The gate and doors of the house were locked from inside.
On being asked by the children as to why the ambulance was not coming, the appellant assured them that the ambulance would come. State of West Bengal wherein PW 2 was an eight year old child who had given a vivid account of how her mother was killed by the appellant with a dao.
Sushant testifying as PW 4, stated that Prashant was weeping when he reached the house. Ultimately this decision not only affects his dear ones but changes lives forever. PW 3 Prashant Yadav has stated that the appellant Raj Kumar was wearing a sky blue shirt with full sleeves and black pant at the time of incident, while PW 4 Sushant Yadav has stated that the appellant was wearing a black pant, white vest and cream T-shirt. She also claimed that the appellant had been lifted from their house.
The witness has stated that Sunita’s husband Gajraj Singh was not present when he had reached the spot. He thereupon took permission from his immediate boss and reached his house when he found that the police had already reached there. Prashant rushed to his neighbour’s house referred to as “taiji” on record and returned with her to the house.
Certainly the events naame have been indelibly imprinted in their mind. He was declared hostile by the prosecution and cross-examined by the learned APP on this aspect. The knives were recovered subsequently on 23 rd September, The court observed that a child being of tender age would be incapable of nurturing a grudge against the accused.
Raj Kumar @ Guddu vs The State Of Delhi on 21 December,
Jain on 25 February, It is noteworthy that the incident had occurred on 22nd September, Thereafter, a telephonic message was received from the office of PW – 5 Gajraj Singh Yadav informing that the earlier message related to him and not to Smt. Kaushik, learned counsel for the appellant has laid elaborate arguments challenging to the ku,ar of the clothes of the appellant resting on an isolated statement of PW-4 Sushant Yadav, the police had recovered the T-shirt and vest of the appellant on the very day of incident i.
It is disputed that these testimonies could be relied upon to kumad the conviction of the appellant. It is, equally also well settled that minor contradictions or omissions in a deposition which are of a trivial nature and not of such magnitude as may materially affect the core of the prosecution case, would be of no consequence to discredit testimony of witness.
In his Page 22 of 51 deposition, Sushant mentions that the appellant was wearing a black pant, white vest and a cream T-shirt. Find showtimes, watch trailers, browse photos, track your Watchlist and rate your favorite movies and TV shows on your phone or tablet!
The defence led no evidence to establish such affair. Upon Sushant’s return to the room, Raj Kumar pretended as if he was in fact massaging his brother Prashant’s neck. Page 12 of Chest cavity full of 2 ltr of liquid blood and clots. Thereafter he finally deposed that he was not sure of the colour of the T-shirt.
We may note that in answer to the question by the court in his statement under Section of the Cr.