Unnatural conduct of witnesses---Accused was charged for committing murder of his wife/daughter of complainant by cutting her throat---Record showed that the complainant party comprised of at least 3/4 male adult members and they were also accompanied by other female members and people of the area at the time of occurrence but they did not try to save the deceased at the time of occurrence or apprehend the accused after the occurrence---Said witnesses allowed the accused to commit the murder of deceased, by inflicting, as many as, 11-injuries on her body---Deceased was real daughter of the complainant and sister-in-law of eye-witness---Accused was not armed with any formidable firearm weapon and he was only armed with a Churri---Evidently eye-witnesses stood like silent spectators at the time of occurrence---Had the eye-witnesses been present at the spot at the time of occurrence as claimed by them then they could have saved deceased or at least apprehended the accused after the occurrence---Conduct of eyewitnesses was unnatural thus their evidence was not worthy of reliance---Appeal against conviction was accordingly allowed.
Unnatural conduct of witnesses----Chance witnesses---Conflict between ocular account and medical evidence--
2024 YLR 1868
Imran Ali vs State
2024 YLR 1868
-Chance witnesses---Presence of eye-witnesses at the time and place of occurrence not proved---Accused was charged for committing the murder of his wife/daughter of complainant by cutting her throat---Record showed that one of the eye-witnesses and a complainant were not residents of the place, where the occurrence took place---Place of occurrence in the case was 'MM' whereas both the said witnesses were residents of 'HK' located in another District---Eye-witness stated before the trial Court that on the day of occurrence he was asked by his father-in-law, complainant and other in-laws that there was a quarrel between deceased and her husband whereupon he accompanied the complainant to 'MM' and witnessed the occurrence but no such story was mentioned in the F.I.R which showed that the said story was later on concocted by the prosecution to justify the presence of eye-witnesses in the village of occurrence at the relevant time---Thus, the eye-witnesses could not justify their presence at the spot at the relevant time through any valid reason, therefore, they were chance witnesses and as such their evidence was not free from doubt---Though female eye-witness was resident of the area where the occurrence took place but she recorded her statement before police for the first time on 18.02.2019 i.e., after two days of the occurrence---Said witness remained mum for two days after the occurrence and as such her evidence was also doubtful.
Imran Ali vs State
2024 YLR 1868
Conflict between ocular account and medical evidence----Accused was charged for committing the murder of his wife/daughter of complainant by cutting her throat by churri---All the eye-witnesses stated in their statements before the Trial Court regarding only one injury inflicted by the accused on the body of the deceased---According to the statement of Medical Officer as well as postmortem report, there were eleven injuries on the body of deceased but all the eye-witnesses did not utter a single word regarding the fact that deceased received eleven injuries on her body, which created conflict between the ocular account and medical evidence of the prosecution---Had the eye-witnesses been present at the spot, at the time of occurrence, they would have also explained the remaining injuries sustained by the deceased--
Imran Ali vs State
2024 YLR 1868
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