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How to appreciate evidence if murder is taking place in cour

How to appreciate evidence if murder is taking place in courtroom?

We have considered the rival submissions and have gone through the testimony of the eye witnesses and other material on record. It is true that even before the registration of FIR the inquest was undertaken and the post-mortem was conducted. In this case, the assault was made right in the Courtroom which called for immediate action on part of the investigators to clear the Courtroom as early as possible. The Investigating Officer had initially requested the Presiding Officer to lodge a complaint. Upon his refusal, the Investigating Officer then had to make enquiries and record the complaint of PW 30 Bhanji. In the meantime, if inquest was undertaken and the body was sent for post-mortem, we do not see any infraction which should entail discarding of the entire case of prosecution. We also do not find anything wrong if the first informant soon after the recording of the assailant corrected himself, as a result of which name of the third assailant came to be dropped. So long as the version coming from the eye witnesses inspires confidence and is well corroborated by the material on record, any such infraction, in our view would not demolish the case of the prosecution in entirety.

Supreme Court of India

Harijan Jivrajbhai Badhabhai vs State Of Gujarat on 11 May, 2016

Bench: Fakkir Mohamed Kalifulla, Uday Umesh Lalit

Non-Reportable

CRIMINAL APPEAL NO.1694 of 2009