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Eye Witnesses’ Evidence Can’t Be Doubted On The Ground That They Made No Attempts To Save The Deceased

In MOTIRAM PADU JOSHI Versus THE STATE OF MAHARASHTRA, the high court had reversed the order of acquittal of the trial court. The trial court had found favour with the argument that the eye witnesses did not go to the rescue of the deceased and it is quite unbelievable that on seeing the accused who were armed with weapons, both of them went inside the house.

The Supreme Court on appeal referring to Rana Partap v. State of Haryana agreed with the High Court and held that the evidence of eye witnesses cannot be doubted on the ground that they did not intervene in the attack nor made attempts to save the deceased. On witnessing a crime, each person reacts in his own way and their evidence cannot be doubted on the ground that the witness has not acted in a particular manner. While appreciating the evidence of witness, approach must be whether the evidence of witness read as a whole appears to have a ring of truth and consistent with the prosecution case or to find out whether it is against the general tenor of the case. Their evidence cannot be doubted merely because they belong to opposite faction. All that is required is that their evidence is to be scrutinized with care and caution.


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