2023 SCMR 929
Matter was reported to the police and the formal FIR was registered on the same day --- In the crime report , the names of the accused were not mentioned obviously for the reason that they were not known to the complainant party , however , their features were specifically given in the crime report --- Witnesses of the ocular account remained consistent on each and every material point qua the date , time , mode , manner of the occurrence and the locale of the injuries on the person of the deceased and the injured witness --- Injuries sustained by the injured witness were fully supported by the medical evidence --- Testimony of injured witness as well as the stamp of injuries on his person clearly proved his presence at the place of occurrence --- All codal formalities and guidelines for the identification parade were observed by the Judicial Magistrate --- Accused persons remained in the house of the complainant for a considerable length of time and the complainant had close proximity to remember them which enabled him to identify them later Medical evidence available on the record further corroborated the ocular account so far as the nature , time , locale and impact of the injuries on the person of the deceased and injured was concerned.
Dacoity and dacoity with murder --- Expression ' conjointly ' --- Meaning --- Use of word ' conjointly ' in sections 391 & 396 , P.P.C. indicates that five or more dacoits act with knowledge and consent and in aid of one another or pursuant to an agreement or understanding , i.e. , unitedly --- For the offence of dacoity , the essential pre - requisite is the joint participation of five or more persons in the commission of the offence --- If in the course thereof any one of them commits murder , all members of the assembly would be guilty of dacoity with murder and would expose themselves to the punishment stipulated in section 396 , P.P.C.
Discrepancies and contradictions.
Distinction ---
Contradiction in the statement of a witness may be fatal for the prosecution case but minor discrepancy in evidence will not make the prosecution case doubtful --- Where discrepancies are of minor character and do not go to the root of the prosecution story and do not shake the salient features of the prosecution version , they need not be given much importance .
Test identification parade --- Scope --- Process of identification parade has to be carried out having regard to the igencies each case in a fair and non - collusive manner and such exercise is not an unchangeable ritual , inconsequential non performance whereof , may result into failure of prosecution case , which otherwise is structured upon clean and probable evidence --- Even otherwise , holding of identification parade is merely a corroborative piece of evidence --- If a witness identifies the accused in court and his statement inspires confidence ; he remains consistent on all material particulars and there is nothing in evidence to suggest that he is deposing falsely , then even the non - holding of identification parade would not be fatal for the prosecution
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