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counsel for the appellants have submitted that only the interested
witnesses have been examined by the prosecution. Admittedly there ... submitted that none of the interested
witnesses who claimed themselves to be the eye-witnesses has actually
seen the alleged
Jharkhand High Court
these discrepancies to contend that evidence of
these two witnesses insofar as accused Nos.3,6 and 8 is
concerned ... deserves to be discarded out
right, they being "interested witnesses". We would deal
with this aspect little later
Karnataka High Court
empowered to do so. (iii) The evidence of these interested witnesses is
replete with material discrepancies and, as a rule ... Respondent, submits that the evidence of the interested witnesses has
been accepted by the courts below and consequently this Court
Supreme Court of India
follows:-
(i) PWs 1 to 5 are supposedly interested witnesses by reason of the
factum that they belong ... complaint focused that except the interested witnesses none
else from the nearby residential areas have been examined - this
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witnesses are not
accomplices but are merely partisan or interested witnesses,
who are concerned in the success of the trap ... evidence of witnesses who may be called partisan or
interested witnesses. It is plain and obvious
Supreme Court of India
Indian Penal Code---Section 302--Non-examination of
eye witnesses--Interested witnesses--Meaning of--Necessity
of examining independent witnesses--Motive ... only eye-witnesses, namely, Mrs. Jaswant
Kaur and Mrs. Shiv Kaur are the interested witness-
es and, therefore, their evidence
Supreme Court of India
present case, the prosecution witnesses
were obviously-, interested witnesses being the enemies of
the accused, and the explanations given ... witnesses who
spoke about the occurrence are all interested witnesses and
it is unsafe to place reliance on their testimony
Supreme Court of India
also erred in accepting the testimony of
interested witnesses without the caution and corroboration
requisite in the peculiar circumstances ... solution."
Conceding that the testimony of the trap witnesses was
interested testimony, the High Court held that
Supreme Court of India
mere attribution of overt
acts to them by the interested witnesses, in such as situation, cannot
be a safe test ... submission of the learned Counsel is that they are
interested witnesses inasmuch as admittedly they were accused in the
earlier
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appellant was that the prosecution
had examined only the interested witnesses who were closely
related to the deceased ... should be
discarded as they are interested witnesses particularly when
their evidence adduced could not be shaken by the defence
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