Section 302 IPC Murder – Even the evidence of a hostile witness can be considered to the extent, it supports the case of the prosecution Therefore, prosecution has established and proved the motive to that extent/Appeal Allowed
[ SUPREME COURT ]
MALTI SAHU vs RAHUL CRL-A 471/22 11/07/22 [ Shah JJ ]
• Section 302 IPC Murder – Even the evidence of a hostile witness can be considered to the extent, it supports the case of the prosecution Therefore, prosecution has established and proved the motive to that extent – Another link in the evidence, which establishes and brings home the guilt of the accused person is the recovery of the knife in three pieces, recovered from the place of occurrence, which was used for commission of the offence – Prosecution has been successful in establishing and proving that it was the accused, who purchased the said knife from one-PW-9 – High Court has committed a grave/serious error in observing that the prosecution has failed to prove the link evidence, which could establish and bring home the guilt of the accused Order of acquittal is set aside Appeal allowed
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