challenging their conviction for the offence punishable under Section 302 r/w 34 of the IPC,
Murder case – Presence of eye-witness – Allegedly deceased was attacked when he was returning from Court and was just 15 to 20 minutes away from the court – It was contended that presence of PW2 (eye-witness) was doubtful as he himself had stated that he came to the crime spot subsequent to the occurrence after receiving a message. Held, presence of PW2 was natural as he was required to attend the court. On being specifically questioned about his statement before the police that he reached the crime spot subsequently, PW2 denied the same and categorically stated that no such statement was given by him to the police and he did not know how such a statement was recorded in his statement. No question was asked by the defence to the person/IO who recorded the statement of PW2. Considering his deposition as a whole, it is clear that prosecution successfully proved his presence at the time and place of incident. (Para 10)*_
_*Rakesh and another v. State of U.P. CRL-A 556/21 06/07/21*_
_*[ SUPREME COURT ]*_
Adv Saba Hasan/ All rights reserved
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