Case Law Details
Rajesh Yadav Vs State of U.P. (Supreme Court of India)
Facts- Two persons were done to death on 17.09.2004 at about 08.15 a.m. The death was caused by multiple bullet injuries. An FIR was lodged within an hour’s time by PW-1, who is none other than the nephew of one of the deceased.
The motive for the occurrence appears to be a prolonged election dispute between two groups. On the fateful day, two of the eye-witnesses were having tea. The deceased, passing the road on a two-wheeler were waylaid by the accused also travelling in two two-wheelers. Both the deceased died on the spot. The postmortem was done by PW-4 on the very same date. The First Information Report (FIR) was registered by PW-7. PW-13, 8 and 14 were the Investigating Officers. PW-13 did the substantial part of the investigation and on his transfer, the final report was filed by PW-8. Pertaining to the charge under Section 25 of the Arms Act, it was PW-14 who filed the subsequent final report.
Conclusion- There are three eye-witnesses examined by the prosecution. We find PWs-1 & 2 have not contradicted between themselves being the eye-witnesses. Merely because they are related witnesses, in the absence of any material to hold that they are interested, their testimonies cannot be rejected. There is also no delay in the registration of the FIR. PW-3 though turned hostile, spoke about the incident in his chief examination. Strangely, in the cross examination he turned turtle, while disputing the very factum of his chief examination made before the court. The view of the courts on this witness also deserves to be accepted.
There are three investigating officers. The other two investigating officers have been examined including for the charge under the Arms Act. PW-13, the first investigating officer, has been examined in extenso during cross examination. It is only for the further examination he turned turtle. That per se would not make the entire case of the prosecution bad is law particularly when the final report itself cannot be termed as a substantive piece of evidence being nothing but a collective opinion of the investigating officer.
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