2007 Supreme(All) 1382

[2007(5) ADJ 22 (DB)(NOC)]
ALLAHABAD HIGH COURT
BEFORE : S.S. KULSHRESHTHA AND BARKAT ALI ZAIDI, JJ.
KAFEEL @ CHAINA AND ANOTHER ......Appellants
Versus
STATE OF U.P. ..........Respondent
(Criminal Appeal No. 2817 of 2005, decided on 2nd May, 2007)

Headnote:(Indian) Penal Code, 1860—Sections 302/34—Evidence Act, 1872—Section 6, Explanation 1—Murder—Conviction and sentence—Sustainability of—Three eye-witnesses—P.W. 1 has repeated prosecution story as given in F.I.R.—Deceased narrated to people present there soon after incident and also named assailants—It was part of some transaction—Admissible as evidence in term of Explanation-1 to Section 6 of Evidence Act—If dying declaration was not recorded and blood stained earth was not collected from spot—Mere lapses of investigation are not sufficient to throw out a case—Where evidence is dependable and reliable—Court to appreciate evidence as adduced to justify conviction—Motive present—Though motive is not always necessary—Findings of trial Court justified.