AI Overview...
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Eye-witness Turned Hostile - Multiple cases highlight situations where primary eyewitnesses recanted their initial testimonies during trial, significantly impacting the prosecution's case. For instance, PW1 and PW2 in STATE OF MAHARASHTRA VS SHANKAR SHIVAJI PHALAKE - Bombay and PW1 in State of Rajasthan VS Jabbar Singh - Rajasthan turned hostile, undermining the evidence linking the accused to the crime. Similarly, in Satbir VS State of Haryana - Punjab and Haryana, an eye-witness who initially implicated the accused later turned hostile. STATE OF U. P. VS ANIL - Allahabad and Mukhtiyar son of Mubarik Hussain VS State of Rajasthan - Rajasthan also document witnesses, including relatives, turning hostile, casting doubt on the prosecution’s narrative.
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Impact on Evidence Credibility - The hostility of witnesses often led courts to question the reliability of recovered evidence, such as weapons or cartridges, especially when witnesses involved in recovery turned hostile (Mukhtiyar son of Mubarik Hussain VS State of Rajasthan - Rajasthan, State of Rajasthan VS Jabbar Singh - Rajasthan). Statements under Section 164, CrPC, are deemed unreliable when witnesses recant (State of Maharashtra VS Salim Shariff Quereshi - Bombay).
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Acquittal Due to Lack of Reliable Evidence - Courts have acquitted accused persons when crucial witnesses turned hostile, and the evidence was deemed unreliable or circumstantial. For example, in State of Rajasthan VS Jabbar Singh - Rajasthan, the sole reliance on hostile witnesses resulted in acquittal. Similarly, in Nathuni Singh VS State of Bihar - Patna, absence of credible eyewitnesses led to acquittal, emphasizing the importance of direct, trustworthy evidence.
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Legal Principles and Appellate Outcomes - Courts have upheld acquittals based on the failure of the prosecution to establish guilt beyond reasonable doubt, especially when key witnesses recanted (State of Rajasthan VS Vinod Kumar - Rajasthan, Parvati Devi VS State of Rajasthan - Rajasthan). The legal standard requires that evidence must be credible and consistent; hostile witnesses weaken the case significantly.
Analysis and Conclusion:
The recurring theme across these sources is that the turning hostile of eye-witnesses critically undermines the prosecution's case in murder and related charges under IPC Section 302. Courts tend to acquit when witnesses recant, evidence becomes doubtful, or recovery of weapons is uncorroborated. The credibility of eyewitness testimony is paramount; without it, convictions are difficult to sustain. These cases underscore the importance of consistent, reliable eyewitness evidence for securing a conviction in criminal trials involving serious charges like murder.
Search Results for "302 Eye Witness Hostile Acquittal"
2005 0 Supreme(Bom) 640 • India - Bombay
ANOOP V.MOHTA, S.S.PARKAR
1973, Section 378 - Acquittal appealed - Death caused - Eye-witness turned hostile - Other relatives - No declaration recorded - ... Criminal Procedure Code, 1973 - Section 378 - Penal Code, 1860, Section 302 - Appeal against acquittal. - Failure of prosecution ... This witness has stated that the accused lifted deceased and threw him on the compound of that house. ... The statements of the main eye witness PW1 chabutai and PW2 Vika....
2016 0 Supreme(P&H) 435 • India - Punjab and Haryana
HEMANT GUPTA, SNEH PRASHAR
of Co-accused--Eye-witness turned hostile who had earlier stated that accused with his brothers was giving danda blows to deceased ... (Paras 23 & 24) ... (B) Indian Penal Code, 1860, S.302--Murder--Acquittal ... (A) Indian Penal Code, 1860, S.302--Murder--Burden of Proof--Facts in special knowledge--Admittedly, deceased went to house of accused ... He neither himself stepped into the witness box in defence to prove the plea taken by him nor examined any other #HL_STA....
2013 0 Supreme(Raj) 1588 • India - Rajasthan
GOPAL KRISHAN VYAS, VIJAY BISHNOI
. - SECTIONS 302, 302/34, 324 I.P.C. - ACQUITTAL OF ACCUSED - CHALLENGE BY STATE - EYE-WITNESS TURNING HOSTILE - SOLE RELIANCE ON ... and other witnesses turned hostile? ... and other witnesses turned hostile during the trial. ... Admittedly, eye-witness PW-1 Laxman turned hostile. PW-3 Durga Lai, witness to the recovery also turned hostile and did not support ....
2005 0 Supreme(All) 2381 • India - Allahabad
M.C.JAIN, M.CHAUDHARY
witness declared hostile—Other eye-witness brother of deceased and informant—Presence at the scene of occurrence does not find mention ... (Indian) Penal Code, 1860—Section 302—Acquittal of the charges under—Legality of—Appreciation of evidence—Two eye-witnesses of occurrence—One ... respectable persons of that very locality—Recovery doubtful—Cogent and convincing reasons recorded while awarding acquittal—Finding
2005 0 Supreme(Bom) 1034 • India - Bombay
R.C.CHAVAN, V.G.PALSHIKAR
- Only eye-witness turned hostile - Held - Statement under Section 164, Cr PC not a reliable proof - Panch witness of recovery also ... Indian Penal Code, 1860 - Section 302/34 - Criminal Procedure Code, 1973, Sections 164 and 378 - Acquittal - Appealed - Illicit relationship ... Acquittal accorded by the trial Judge does not call for any interference from this Court. ... ... ( 1 ) TAKING exception to respondents acquittal by the learned additional ....
2018 0 Supreme(P&H) 2746 • India - Punjab and Haryana
RAJEEV SHARMA, HARINDER SINGH SIDHU
(A) Indian Penal Code, 1860, S.302—Murder—Identification of Accused—Hostile Witness—Acquittal—Prosecution story that accused fires ... gunshot in presence of eyewitness—Eye witness turned hostile and stated that the accused persons present in court are not the same ... (Para 21) ... (B) Evidence Act, 1872—Hostile Witness—Evidentiary Value ... The fact that the witness was declared hostile at the i....
2013 0 Supreme(Pat) 1214 • India - Patna
ADITYA KUMAR TRIVEDI
turned hostile – Evidence of PWs not inspiring confidence – Informant is not an eye-witness to occurrence – Basic principle for ... – Murder – Revision against acquittal – No eye-witness to occurrence – Case based on circumstantial evidence – Material witnesses ... (A) Criminal Procedure Code, 1973 – Sections 397 and 401 – Revision against acquittal – Limitations – In ... Therefore, from the evidence available on record, it is apparent that none is an eye#HL....
2016 0 Supreme(Raj) 1033 • India - Rajasthan
GOPAL KRISHAN VYAS, G.R.MOOLCHANDANI
CRIMINAL APPEAL - SECTION 302 AND 302/34 OF IPC - SOLE EYE WITNESS TURNED HOSTILE - RECOVERY OF WEAPON AND CARTRIDGE DUBIOUS - ... The recovery of the alleged weapon and cartridges was dubious as one recovery witness turned hostile and another stated that the ... The recovery of the weapon and cartridges was dubious as one recovery witness turned hostile and another stated that the weapon was ... Solo, sole eye-#HL....
2015 0 Supreme(Raj) 1081 • India - Rajasthan
GOPAL KRISHAN VYAS, VIJAY BISHNOI
of Dowry Death- Here all the witness in support of conviction turned hostile including mother of deceased except the complainant ... Indian Penal Code, 1860 Sections 304B and 498A, in the alternate Section 302 – The present appeal against the acquittal in matter ... PW-1 who is also not the eye witness in the matter-Hence held no convincible evidence to clear the contention of prosecution beyond ... Further, it is submitted that complainant is not eye witnes....
2014 0 Supreme(Raj) 1790 • India - Rajasthan
GOPAL KRISHAN VYAS, ATUL KUMAR JAIN
Indian Penal Code, 1860 – Sections 147, 148 and 302/149 – Maintainability of the impugned order of acquittal is challenged in this ... the F.I.R. as an eye-witness – Witnesses including the complainant didn’t state that PW-5 was also present – No infirmity is made ... appeal – PW-4 turned hostile and the evidence of the eyewitness PW-2 suffered from contradiction – Name of PW-5 not mentioned in ... He turned hostile before the Court and did not support the prosecution story. ... The le....
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