Moirangthem Biren 05 September 2021

FIR against murder attempt.

My two daughters and my son were seriously injured while local youths supported by many people hit them on head with 2 inches G.I. Pipe just for asking to give passage of vehicle on 27th evening. My kids were immediately treated in hospital and medical reports forwarded to I.O. FIR against 3 accused had been registered. Two of them got arrested and one had been put under suspension. While enquired by I.O. all of them denied that, they had not seen any one hitting on head of my daughters and son but they reported that the girls hit the accused with a wooden log even though there was no casualty in the part of the accused. Police is very upset that, there is no witness to produce the actual scenario.

The actual accused who used 2 inches dia G.I.pipe was not arrested as he had already obtained Anticipatory bail.
Is there not any proceeding to book the accused ?

How I will manage the witness ?

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6 Replies

Shubham Bhardwaj (Advocate) 05 September 2021

Dear Mr Biren, The facts narrated by you point towards a very serious crime. An FIR has been lodged by the police is appreciable. I hope the FIR is lodged under proper provision of IPC i.e. 307. The problem in the present scenario seems to be absence of witnesses. It is true that witnesses are important to prove the guilt of the accused. However, where there is no ocular evidence, the court may resort to circumstantial evidence to convict the accused. However this is only possible if there is sufficient other evidence to connect accused with the crime and a charge is framed. if the accused are discharged, there is nothing anybody can do except appeal. Regards Shubham Bhardwaj (Advocate) District & Session Court, Chandigarh Punjab & Haryana High Court , at Chandigarh Disclaimer:- Opinion is only for guidance.

Dr J C Vashista (Advocate) 06 September 2021

Very well explained, opined and advised by expert Mr. Shubham Bhardwaj, I endorse and appreciate. In addition to above it would be better to consult a local prudent lawyer to help the prosecution.

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P. Venu (Advocate) 06 September 2021

Your children themselves the prime witnesses to the crime.

Moirangthem Biren 07 September 2021

But I.O. and my lawyer is asking witnesses other than my family members/ victims. In fact, my children and wife are strong witnesses of the crime. Is there any chance that, the court simply rejects the victims when produced as witnesses ?

Shubham Bhardwaj (Advocate) 07 September 2021

Dear Mr Biren, There is no provision in Evidence Act 1872 to reject the testimony of the victim when produced as a witness. However there is one important aspect which is relevant. The 'Nature of offence'. The nature of offence determines the weight attached to the testimony of victim . For example: It is settled by Supreme Court in Rape cases that if the testimony of the victim is found to be reliable and inspires confidence of the court, then the same is enough to convict the accused. Similarly, in your case if the testimony of the victims is corroborated by other evidence then chances of conviction would be good. However if there are contradictions then it would be difficult. So if police is asking for other witnesses then they are right in trying to find it. But in any case the testimony of victim is admissible and its weight would depend on the confidence that it inspires along with corroborative evidence such as medical report, scene of crime, possibility of presence of accused on the scene of crime etc. Regards