In a murder case the testimony of eye witnesses, delay in disclosure of
statement by witness who was not listed in police report/ Charge sheet - he gave
his statement to police on an affidavit for first time after three and half
Only explanation offered for silence was that he felt threatened as after
incident accused-threatened him by saying that if he tells any one about what he
had seen, he would meet the same fate and with arrest of the two accused his
fear was vanished.
However facts showed that accused were arrested on some other day and disclosure
was made on some other day.
Therefore, explanation offered by him for delay in making disclosure was not
inspiring confidence - His evidence was not reliable.
The presence of eye witnesses at place of incident was an odd hour of night - to
explain presence at scene of crime, witness Stated that his parents were staying
at another place and therefore he visited them that fateful night and on way
back he could witness incident.
The explanation was not inspiring confidence because his parents were not
examined to corroborate visit of witness to their house at that odd hour of
night - Hence , court erred in placing reliance on his testimony.
The testimony of chance witness who stated that he went out of cinema hall to
ease himself because cinema hall charged money for use of toilet and thereby,he
got chance to witness incident.
However, Gram vendor of cinema hall deposed that there were toilets in cinema
hall where no money was charged for use of toilet.
Reason for police to go to residence of witness to record his statement was not
disclosed by Prosecution when FIR made no disclosure about his presence at scene
of crime or with regard to his knowledge about the incident - Statement of
witness was also not consistent with regard to place where his statement was
recorded - Testimony of witness did not inspire confidence so as to sustain