AI Overview...
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Highly Improbable Eye Witness Testimony - Multiple sources highlight that eyewitness accounts in murder cases are often deemed highly improbable due to inconsistencies, unnatural conduct, and suspicious behavior of witnesses. For instance, PW3's failure to disclose the accused's name and the overall improbability of their story led to the conviction being set aside (Nikhlesh @ Raju @ Chinka VS State of Punjab - Punjab and Haryana, Toran Singh VS State of Madhya Pradesh - Orissa, Amrit Lal VS State of H. P. - Himachal Pradesh).
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Lack of Motive and Contradictions - Several judgments emphasize the absence of clear motive and contradictions among witnesses, casting doubt on the credibility of the eye-witness testimonies. The improbability of witnesses' presence at the scene and discrepancies in their statements undermine the prosecution's case (MANNI VS STATE - Allahabad, SAMAR PAL VS STATE - Allahabad).
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Suspicious Conduct and Unnatural Behavior - Witness conduct, such as delayed reporting of the incident, suspicious behavior, and inconsistent statements, contribute to the perception that their testimonies are unreliable. Interested witnesses and delayed FIRs further weaken the case (Toran Singh VS State of Madhya Pradesh - Orissa, NAWAB VS STATE OF U. P. - Allahabad, RAKESH KUMAR GUPTA VS STATE OF U. P. - Allahabad).
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Absence of Corroboration and Material Discrepancies - The lack of corroborative evidence and material discrepancies in eyewitness accounts lead courts to question the veracity of eyewitness testimony, often resulting in acquittal or reversal of convictions (IMAM UDDIN VS STATE OF U. P. - Allahabad, Amrit Lal VS State of H. P. - Himachal Pradesh).
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Overall Conclusion - Courts tend to view eyewitness testimony in murder cases as highly improbable when supported by inconsistent, suspicious, or unnatural conduct, especially in the absence of corroborative evidence or clear motive. Such factors significantly influence judicial decisions, often leading to acquittals or setting aside convictions based on unreliable eyewitness evidence.
References: - Nikhlesh @ Raju @ Chinka VS State of Punjab - Punjab and Haryana - State by Yadgir Rural Police Station VS Sannaabanna - Karnataka - MANNI VS STATE - Allahabad - IMAM UDDIN VS STATE OF U. P. - Allahabad - Toran Singh VS State of Madhya Pradesh - Orissa - NATTHA S/o JANVED VS STATE OF M. P. - Madhya Pradesh - SAMAR PAL VS STATE - Allahabad - RAKESH KUMAR GUPTA VS STATE OF U. P. - Allahabad - NAWAB VS STATE OF U. P. - Allahabad - Amrit Lal VS State of H. P. - Himachal Pradesh
Search Results for "Murder Eye Witness Highly Improbable"
2012 0 Supreme(P&H) 946 • India - Punjab and Haryana
RAKESH KUMAR JAIN, JASBIR SINGH
Shady and highly improbable testimony of eye witness--PW3 did not disclose the name of the accused despite the fact that they were ... improbable--Conviction & Sentence set aside. ... (Para 13) ... (B) Indian Penal Code, 1860, S.302--Murder--Acquittal-- ... In the present case, the story propounded by the prosecution is highly improbable because Om Parkash (PW3) is the star witness of the prosecution who did not disclose the name of....
2012 0 Supreme(Kar) 273 • India - Karnataka
H.BILLAPPA, V.SURI APPA RAO
not be believed as he did not inform anybody about accused assaulting deceased and his conduct was unnatural - It was highly improbable ... Suri Appa Rao, JJ] Murder - Allegation that accused killed deceased by hitting on neck with axe - Evidence of only eye-witness could ... was in fact planted as eye-witness to incident subsequently after arrest of accused - Evidence of other witnesses was not consistent ... It is highly improbable#HL_END....
2017 0 Supreme(All) 481 • India - Allahabad
KRISHNA MURARI, RAVINDRA NATH KAKKAR
account as stated by all fact witnesses, their presence as to witness incident appears to be highly improbable as having contradiction ... (Indian) Penal Code, 1860—Section 302/34—Murder—Conviction—Firstly, there is no motive against surviving accused persons—Eye version ... So, we find that the eye version account as stated by all the fact witnesses, their presence as to witness the incident appears to be highly improbable as havin....
2009 0 Supreme(All) 2330 • India - Allahabad
POONAM SRIVASTAVA, RAJESH CHANDRA
of PW-2 is highly improbable and extremely doubtful—His conduct unnatural who is close relative of deceased—Even presence of sole ... of—Conviction based on testimony of sole eye-witness—Who is informant and real brother of deceased—Another eye-witness not examined—Presence ... eye-witness also bcomes doubtful—Regarding question that who had opened second fire—Material discrepancy in statement of sole eye-witness—S....
2002 0 Supreme(Ori) 257 • India - Orissa
DORAISWAMY RAJU, SHIVARAJ V.PATIL
highly unnatural and improbable — Delay in lodg¬ing complaint — Serious infirmities and improbabilities of the prosecution case ... , an interested witness — His evidence not corroborated on material aspects by the evidence of other witnesses — Conduct of eye-witness ... PENAL CODE, 1860 — Sec. 302 — Conviction and sentence for imprisonment of life — The only eye-witness being the son of the deceased ... ... (v) The conduct of P.W.1, the only eye-#H....
2003 0 Supreme(MP) 20 • India - Madhya Pradesh
R.B.DIXIT, CHANDRESH BHUSHAN
testimony was highly improbable. ... testimony were doubtful, suspicious, and highly improbable, respectively. ... Acquittal - Murder - S. 302, I. P. C. - [S. 302, I. P. ... The evidence of the alleged eye-witness is also highly improbable and cannot be believed. Similarly, oral dying declaration of the deceased to his father is highly suspicious and, therefore, unsafe to be relied upon. ... the witness#H....
2008 0 Supreme(All) 2184 • India - Allahabad
SHIV SHANKER, AJAI KUMAR SINGH
could create doubt on reality of her testimony—No conflict with post-mortem report—However, role of co-accused highly improbable—Entitled ... of occurrence not disputed—There is one eye-witness of occurrence—Who is wife of deceased—Nothing in her cross-examination which ... (Indian) Penal Code, 1860—Sections 302 and 342/34—Murder—Common intention—Conviction—Sustainability of—Old enmity between the parties—Place
2014 0 Supreme(All) 320 • India - Allahabad
AMAR SARAN, SUNITA AGARWAL
by villagers, but no medical evidence produced—Interested witness, highly unreliable, their presence highly improbable—Conviction ... (Indian) Penal Code, 1860—Sections 302 and 120-B—Evidence Act, 1872—Section 114 (g)—Murder—Single fire-arm injury—Presence of eye-witness ... at spot improbable—Prosecution is absolutely silent on point as to where appellant was apprehended—Place of apprehension is not ... Their arrival at the precise time of incident ....
2007 0 Supreme(All) 2092 • India - Allahabad
AMAR SARAN, SHIV SHANKER
suspicious on account of accompanying deceased—Presence of eye-witness doubtful—Conduct of prosecution witness is highly improbable—PW ... (Indian) Penal Code, 1860—Sections 302 and 307—Murder—Conviction—Legality of—FIR was lodged ante-timed—Adverse inference can be drawn ... were not similar regarding incident alleged in FIR—No sufficient explanation offered regarding delayed lodging of FIR—Testimony of witness
2008 0 Supreme(HP) 135 • India - Himachal Pradesh
KULDIP SINGH
- Appeal - Counsel for appellant submitted that prosecution story is highly improbable as the declaration relied upon by the learned ... appellant with the commission of offence - There were material contradiction in the prosecution story - Held, that there is no eye-witness ... Penal Code, Sections 304, 353 & 451 - Learned Single Judge convicted and sentenced the appellant under Sections 304, 353 & 451 - Murder ... He has also submitted that prosecution story is highly impr....
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