AIROnline 2025 SC 943

(A) Penal Code (45 of 1860) , S.302— Evidence Act (1 of 1872) , S.3— Murder – Identity of accused – After a quarrel about digging in field, accused chased victim and inflicted blows with swords and Kanta upon him, due to which he died on spot – Primary witness was independent party and wife of owner of house where murder occurred after victim entered it while being chased by accused – Said witness testified to have seen three unknown persons assault victim with swords, but could not identify the assailants – Trustworthy account of said witness directly contradicted testimony of related witnesses, who claimed to have witnessed assault inside house after chasing accused – Clothes of informant allegedly stained with blood after hugging victim were neither seized by police nor offered for investigation – Informant and another witness appeared to be chance witnesses – Prosecution failed to conduct Test identification parade or call lady of the house where murder took place, to identify accused – Considering striking contradictions in testimonies of independent witness and related witnesses, identity of accused as real assailants was not established

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