LAW FOR ALL

where the evidence of the eye witness has been found to be truthful and as in this case corroborated by the fact that the bullets were recovered from the body of the deceased, it is obvious that cannot have the effect of an acquittal.- In this case, the ballistics report need not be rejected as untrue; it simply states that the empty cartridges found at the scene of the crime were not fired from the gun recovered from the accused. But this had no bearing on the credibility of the deposition of P.W. 1 that the accused shot the deceased with a gun, particularly as it is corroborated by the bullets in the body. In this case we find it safe to accept the evidence of Himanshu Mohan Rai and disregard the apparent contradictions. We might add that the fact that accused shot the deceased with a gun is also corroborated by the testimony of P.W. 2.- It is not possible for us to accept the reasoning of the High Court on the basis of the minor doubts and technicalities that the judgment of the Sessions Court convicting and sentencing the accused for the murder of Lalit Mohan Rai has no legs to stand on. The judgment of the Sessions Court which had the advantage of watching the demeanor of the witnesses could not have been lightly set aside. In the case of State of U.P. vs. Anil Singh[5], the Court held as follows: “17. It is also our experience that invariably the witnesses add embroidery to prosecution story, perhaps for the fear of being disbelieved. But that is no ground to throw the case overboard, if true, in the main. If there is a ring of truth in the main, the case should not be rejected. It is the duty of the court to cull out the nuggets of truth from the evidence unless there is reason to believe that the inconsistencies or falsehood are so glaring as utterly to destroy confidence in the witnesses. It is necessary to remember that a Judge does not preside over a criminal trial merely to see that no innocent man is punished. A Judge also presides to see that a guilty man does not escape. One is as important as the other. Both are public duties which the Judge has to perform.” We find that the facts and circumstances of this case warrant an interference with the acquittal of the accused. Accordingly, Criminal Appeal No.827 of 2011 and Criminal Appeal No.829 of 2011 are allowed. The judgment dated 22.04.2010 passed in Criminal Appeal No.8239 of 2008 by the High Court is set aside.