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SUDHANSHU DHULIA, K. VINOD CHANDRAN
Renuka Prasad – Appellant
Versus
State Represented by Assistant Superintendent of Police – Respondent
JUDGMENT :
K.VINOD CHANDRAN, J.
1. Prevaricating witnesses, turning hostile in Court and overzealous investigations, done in total ignorance of basic tenets of criminal law, often reduces prosecution to a mockery. Witnesses mount the box to disown prior statements, deny recoveries made, feign ignorance of aggravating circumstances spoken of during investigation and eye witnesses turn blind. Here is a classic case of 71 of the total 87 witnesses including eye-witnesses, turning hostile, leaving the prosecution to stand on the testimony of the police and official witnesses. Even a young boy, the crucial eyewitness, who saw his father being hacked to death, failed to identify the assailants.
2. The prosecution alleged that due to differences arising from sharing of assets of the father; an entrepreneur who set up several educational institutions, A1 and his brother, PW4, were at loggerheads. The deceased an employee of one of the institutions, later allotted to the share of A1, resigned to join an institution managed by PW4, after the division of assets. The enmity of A1 arises, according to the prosecution, due to the active involvement of the deceased in the sibling rivalry, aligning h
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