{"id":198388,"date":"2018-07-11T09:50:44","date_gmt":"2018-07-11T04:20:44","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=198388"},"modified":"2018-07-12T17:05:45","modified_gmt":"2018-07-12T11:35:45","slug":"evidence-of-a-related-witness-cannot-be-discarded-fir-is-not-an-encyclopedia-sc","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2018\/07\/11\/evidence-of-a-related-witness-cannot-be-discarded-fir-is-not-an-encyclopedia-sc\/","title":{"rendered":"Evidence of a related witness cannot be discarded; FIR is not an encyclopedia: SC"},"content":{"rendered":"

Supreme Court: <\/strong>R. Banumathi, J. speaking for herself and Ranjan Gogoi, J. dismissed a criminal appeal filed against the judgment of the Bombay High Court wherein the order of the trial court acquitting the appellants from the charges including Section 302 IPC was reversed.<\/p>\n

According to the prosecution, the appellants and the deceased\/prosecution witnesses were members of different political parties. On a fateful day, the appellants being armed with deadly weapons like sword, knife, motorcycle chain, etc., came to the house of the deceased; attacked him; and the deceased succumbed to injuries. The trial court rejected the evidence of all the witnesses on one count or another and acquitted the appellants. However, on appeal, the High Court reversed the order of the trial court and convicted the appellants under Sections 147, 148, 302 read with Section 149 IPC. This judgment was challenged by the appellants.<\/p>\n

For adjudicating the matter, the Supreme Court carefully considered the record and discussed the witness evidence in detail. Following points of law are discernible from the discussion of the Hon\u2019ble Court:<\/p>\n