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2017 (9) TMI 2011 - MADHYA PRADESH HIGH COURTMurder - Conviction of appellant for an offence punishable under Section 302 of IPC - site plan has not disclosed the places from where the witnesses have witnessed the occurrence - evidence that the pistol was not tampered with, present or not - country-made pistol, empty shell and live cartridge were sent for forensic science examination after delay - HELD THAT:- The failure of the Investigating Officer to produce the bloodstained clothes of Satish Kumar Chourasiya (PW-1) or to produce evidence of safe custody of country-made pistol, empty shell and live cartridge will not prejudice the trial as the statements of eye-witnesses such as Satish Kumar (PW-1) and Shivprasad (PW-2) and even the witnesses namely, Jogendra Tamrakar (PW-9) and Dilip Kumar (PW-10), who have been declared hostile, clearly implicates the appellant as the one who fired the fatal shot from a country-made pistol in his possession. In respect of the argument that Shiv Prasad (PW-2) and Lala (PW-3) were not present at the time of occurrence, it is seen that though the said witnesses have suggested that they were not present at the time of occurrence but a cumulative reading of the entire lengthy cross examination does not lead to any doubt on the presence of the witnesses at the time of occurrence. The argument that no independent witness from the market has been examined is again not tenable. Satish Kumar Chaurasiya (PW-1) is the only relative witness. Shiv Prasad (PW-2) and Lala (PW3) are not related to the deceased. Still further, the quantity of witnesses is not relevant but the quality thereof. The witnesses including the hostile witnesses have deposed that the accused fired from his pistol upon the deceased. To that extent, their testimony stands corroborated by the prosecution story. There are no error in the findings recorded by the learned Trial Court - the findings recorded by the learned Trial Court are based upon correct appreciation of law and facts - appeal dismissed.
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