Attributing ‘culture of compromise’ as one of the reasons for witnesses turning hostile during trial, the Supreme Court in Ramesh vs. State of Haryana, has upheld a High Court judgment that reversed an acquittal recorded by the trial court in a murder case. The high court, while convicting one Ramesh and others for murder of his wife, had observed that certain prosecution witnesses, which includes father and brother of the deceased, had turn hostile and have been won over by the accused. The high court held that a dying declaration is a substantive piece of evidence and can be made the basis of conviction once the court is convinced that dying declaration is made voluntarily and is not influenced by any extraneous circumstances.
Article referred: http://www.livelaw.in/culture-compromise-makes-witnesses-turn-hostile-trials-sc/
Article referred: http://www.livelaw.in/culture-compromise-makes-witnesses-turn-hostile-trials-sc/
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