AI Overview...
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Eyewitness Did Not Help Deceased - In several cases, eyewitnesses failed to identify the accused or did not take action to assist the victim during the incident. For example, in the case under IPC Section 302, despite being eyewitnesses, they did not help or identify the weapon, leading to the conviction being set aside and the accused being rehabilitated, with compensation provided to the victim's family Babban @ Sajid VS State of Jharkhand - Jharkhand.
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Lack of Eyewitness Evidence - Multiple sources highlight the absence or unreliability of eyewitness testimony. In one case, despite numerous witnesses and extensive charges, no direct evidence or eyewitness accounts linked the accused to the crime, resulting in bail being granted and no conclusive proof of the accused's involvement Malkhan Singh Vishnoi VS Director, C. B. I. - Rajasthan.
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No Evidence of Intention or Assault - Several reports emphasize that accused did not express intent to harm or attack the deceased. For instance, there was no evidence of prior threats, armed assault, or sharing of deadly weapons. In some cases, the accused's conduct did not align with an intent to kill, and witnesses did not attempt to intervene or help the victim Harijana Mulinti Bhushanna VS State OF A. P. , rep. by public Prosecutor - Andhra Pradesh, Rajesh Bhaurao Sadanshiv VS State of Maharashtra - Bombay.
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Witness Reliability and Conduct - The credibility of eyewitnesses is questioned in multiple instances. Some witnesses failed to act in a manner consistent with witnessing a crime, such as not raising alarm or seeking help. In one case, a witness who was present did not attempt to assist the victim, which was considered natural human conduct, casting doubt on their reliability GIAN CHAND VS STATE OF DELHI - Delhi, Jagvir Singh VS State of U. P. - Supreme Court.
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Cases with Hostile or Unhelpful Witnesses - In certain cases, witnesses turned hostile or their testimonies did not support the prosecution. For example, a single eyewitness's testimony was deemed unhelpful because they turned hostile, and other witnesses' conduct did not match the expected reaction to witnessing a crime, undermining the prosecution's case UNDAKA PRADHAN VS STATE OF ORISSA - Orissa.
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Summary and Conclusion - Overall, these sources illustrate a pattern where eyewitnesses either failed to assist the deceased, lacked credibility, or their testimonies did not establish the accused's guilt. The courts often found the evidence insufficient or unreliable, leading to acquittals or the setting aside of convictions. The emphasis on the absence of proactive help and the questionable reliability of eyewitness accounts significantly impacted the outcomes of these cases.
References: - Babban @ Sajid VS State of Jharkhand - Jharkhand - Malkhan Singh Vishnoi VS Director, C. B. I. - Rajasthan - Harijana Mulinti Bhushanna VS State OF A. P. , rep. by public Prosecutor - Andhra Pradesh - GIAN CHAND VS STATE OF DELHI - Delhi - Rajesh Bhaurao Sadanshiv VS State of Maharashtra - Bombay - AAKASH @ GOLU VS STATE OF MAHARASHTRA - Bombay - P. Velukaniyan VS State - Madras - UNDAKA PRADHAN VS STATE OF ORISSA - Orissa - Jagvir Singh VS State of U. P. - Supreme Court
Search Results for "Eyewitness did Not Help Deceased"
2018 0 Supreme(Jhk) 9 • India - Jharkhand
ANANT BIJAY SINGH, B.B.MANGALMURTI
Indian Penal Code, 1860 - Section 302 - Any conclusive evidence is not provided against the accused - Even both the eyewitness failed ... to identify the accused - neither the weapon of murder is received - Conviction set aside but direction to rehabilitate the deceased ... is been issued also financial help and taking help from the state fund compensation in terms of Jharkhand Victim Compensation Scheme ... Yusuf @ Nathu is informant of this case and eyewitness of the occurrence, PW-2....
2013 0 Supreme(Raj) 154 • India - Rajasthan
NIRMALJIT KAUR
yet not commenced — 300 witnesses, 3000 pages of chargesheet and 17 accused — Held — These contentions do not help him at this stag ... named in first report, nor in second report, nor in complaint and first chargesheet — No evidence or eyewitness — Trial of case ... ., 1973, Sec. 439; Penal Code, Secs. 120-B, 364, 302, 201 and SC/ST Act, Sec. 3(2)(v) — Grant bail — Charges of eliminating the deceased ... ever wanted to eliminate the deceased. ... The argument of the learned counsel fo....
2003 0 Supreme(AP) 851 • India - Andhra Pradesh
BILAL NAZKI, K.C.BHANU
- They did not do so there is absolutely no evidence that exorted to attack deceased persons - None of expressed his intention by ... word or gesture to put an end to life of deceased persons - No doubt are sons of that does not mean that there was a prior meeting ... not case of Prosecution that any one of either armed with deadly weapon or assaulted deceased persons - Had these two accused shared ... He stated that on coming to know that the deceased were stabbed, h....
1985 0 Supreme(Del) 175 • India - Delhi
the deceased. 2. ... Additionally, Sant Lal failed to act in a manner consistent with being an eyewitness, such as raising an alarm or seeking help for ... Reliability of the eyewitness testimony of Sant Lal. 2. ... In his police statement he has also not said that the accused had threatened them in case they tried to go after the deceased. He has also not said in the police statement that they looked for Radhey Sham deceased but be was no....
2011 0 Supreme(AP) 969 • India - Andhra Pradesh
L.NARASIMHA REDDY
A) MOTOR VEHICLES ACT, 1988, Section 166 – The order of the MCAT dismissing the claim petition filed by the deceased Advocate Clerk ... ... B) MOTOR VEHICLES ACT, 1988, Section 166 – Where the deceased in ... earned as per the market raes was presumed to be Rs.3000/-, and applying the multiple of 17 in view of the admitted age of the deceased ... P.W.2 is the wife of the deceased. She is not an eyewitness. Therefore, her evidence would not be of much help#....
2012 0 Supreme(Bom) 905 • India - Bombay
A.H.JOSHI, SADHANA S.JADHAV
spur of moment---Act of accused was well planned to satisfy his personal vendetta---Delay in disclosure of incident to police is not ... He has deposed about the presence of PW5 and PW7 on the spot along with the deceased at the time of incident. ... 14. PW6, who is an eyewitness, was friend of the deceased. ... He was present on the spot and had not gone forward to help deceased at the time of incident, was most probable and natural human conduct, which most men f....
2016 0 Supreme(Bom) 611 • India - Bombay
B.P.DHARMADHIKARI, V.M.DESHPANDE
Fact of the Case: The deceased, Shatrughna, was assaulted with a hammer and succumbed to his injuries. ... - [302, 34] - The court discussed the prosecution's case, including the oral report, registration of the crime, spot punchnama, eyewitness ... Issues: The issues included the authorship of the injuries suffered by the deceased, the corroboration to the prosecution ... First informant Yograj Jambhulkar (PW 4), the father of the deceased, is not an eyewitness. ... These facts cle....
2019 0 Supreme(Mad) 2865 • India - Madras
S.VAIDYANATHAN, N.ANAND VENKATESH
committed murder of deceased daughter of deceased who was examined as eyewitness in this case had taken the deceased to hospital ... at an Ambulance with help who is sister of deceased and another and deceased was declared to be brought dead –Held, Public Prosecutor ... sum deceased to purchase liquor and when she refused to pay money he poured a pot of water over her head and therefore deceased ... The daughter of the dec....
2002 0 Supreme(Ori) 716 • India - Orissa
P.K.MISRA, B.PANIGRAHI
Finding of the Court: The court found that the evidence of the single eyewitness did not help the prosecution, and ... The deceased met a homicidal death, but the conviction hinged on the confession and the recovery of material objects with human blood ... Fact of the Case: The prosecution's case rested on the evidence of a single eyewitness, who turned hostile during the ... Therefore, her evidence does not in any way help the prosecution in bringing home the cha....
2024 4 Supreme 410 • India - Supreme Court
B. R. GAVAI, SANDEEP MEHTA
take any step to save him from assault – If these witnesses had actually seen assault, their reaction and conduct does not match ... Life sentence – So-called eye witnesses were closest relatives of victim – They allegedly saw fatal assault on victim and yet did not ... inspire confidence – Conviction of accused appellant on the basis of such flimsy and wavering evidence is not at all justified – ... It is again strange and unusual that though Manisekaran saw the appellant stabbing the deceased, he did not#HL_E....
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