Rajendra Singh v. State of Uttaranchal, (2013) 4 SCC 713
Evidence Act, 1872
Ss. 146 and 143 - Capacity of witness - Stress of cross-examination/twisted/convoluted questions asked in crossexamination - Relevance of, in determining truthfulness of entire testimony when there are some inadequacies/errors of
description by eyewitness - Falsus in uno, falsus in omnibus, not applicable - PW 3 (wife of deceased) said that first fight
between deceased and appellant took place on verandah of appellant's shop (which was across the street from house of
deceased) and that blood also spilled onto verandah of shop and further that first fight went on for about 10-15 minutes
and that appellant held scissors with both hands and opened both handles of scissors and then attacked her husband
with one hand - Appellant submitted that deposition of PW 3 was quite unreliable as there was no verandah in front of
shop of appellant and manner of assault as described by PW 3 was quite inconceivable - Held, on basis of statements
pointed out by appellant, deposition of PW 3 is not liable to be rejected - Statements relied upon by appellant were made
by PW 3 under the stress of cross-examination - She is a housewife and apparently not highly educated having limited
vocabulary and an imperfect capacity to describe manner of assault on her husband - Statement of PW 3 is obviously in
answer to some convoluted question put by cross-examiner, to which she replied as best as she could,
(2013) 4 SCC
713-A
Criminal Law
Penal Code, 1860
S. 302 - Murder of customer by appellant tailor with tailor's scissors - Deceased's house was across the street from
appellant's shop - Testimonies of eyewitnesses (wife and country cousin of deceased) mostly reliable, but with some
minor errors/inadequacies - Their testimonies corroborated by remaining evidence on record, including medical and
recovery evidence - Appreciation of evidence - Falsus in uno, falsus in omnibus - Inapplicability of - Reversal of acquittal
confirmed, (2013) 4 SCC 713-B
Evidence Act, 1872
S. 27 - Disclosure statement - Recovery - Reliability - Appellant volunteered to produce scissors used for killing
deceased from his shop - He took IO to his shop, opened it with keys kept in his pocket and recovered bloodstained
scissors from shop and produced it before IO - A recovery memo was prepared and signatures of public witness were
taken on recovery memo - Recovery, held, was reliable and corroborative of eyewitness testimony, (2013) 4 SCC 713-C
Print Page
Evidence Act, 1872
Ss. 146 and 143 - Capacity of witness - Stress of cross-examination/twisted/convoluted questions asked in crossexamination - Relevance of, in determining truthfulness of entire testimony when there are some inadequacies/errors of
description by eyewitness - Falsus in uno, falsus in omnibus, not applicable - PW 3 (wife of deceased) said that first fight
between deceased and appellant took place on verandah of appellant's shop (which was across the street from house of
deceased) and that blood also spilled onto verandah of shop and further that first fight went on for about 10-15 minutes
and that appellant held scissors with both hands and opened both handles of scissors and then attacked her husband
with one hand - Appellant submitted that deposition of PW 3 was quite unreliable as there was no verandah in front of
shop of appellant and manner of assault as described by PW 3 was quite inconceivable - Held, on basis of statements
pointed out by appellant, deposition of PW 3 is not liable to be rejected - Statements relied upon by appellant were made
by PW 3 under the stress of cross-examination - She is a housewife and apparently not highly educated having limited
vocabulary and an imperfect capacity to describe manner of assault on her husband - Statement of PW 3 is obviously in
answer to some convoluted question put by cross-examiner, to which she replied as best as she could,
(2013) 4 SCC
713-A
Criminal Law
Penal Code, 1860
S. 302 - Murder of customer by appellant tailor with tailor's scissors - Deceased's house was across the street from
appellant's shop - Testimonies of eyewitnesses (wife and country cousin of deceased) mostly reliable, but with some
minor errors/inadequacies - Their testimonies corroborated by remaining evidence on record, including medical and
recovery evidence - Appreciation of evidence - Falsus in uno, falsus in omnibus - Inapplicability of - Reversal of acquittal
confirmed, (2013) 4 SCC 713-B
Evidence Act, 1872
S. 27 - Disclosure statement - Recovery - Reliability - Appellant volunteered to produce scissors used for killing
deceased from his shop - He took IO to his shop, opened it with keys kept in his pocket and recovered bloodstained
scissors from shop and produced it before IO - A recovery memo was prepared and signatures of public witness were
taken on recovery memo - Recovery, held, was reliable and corroborative of eyewitness testimony, (2013) 4 SCC 713-C
No comments:
Post a Comment