LAW FOR ALL

Murder - Child Witness - Trial court convicted - D.B. - reversed it - Apex court held that In our considered view, the High Court had miserably failed to carry out the said exercise and without assigning reasons, much less convincing reasons, has chosen to interfere with the conviction imposed by the trial Court in a light hearted manner.- as far as the overall genesis of the occurrence was concerned, the evidence of all the above eye witnesses was cogent and there was not much of discrepancy or contradiction in their versions.The said version of Choti (PW-1) was fully corroborated by PWs-3 and 15 who are none other than the children of the deceased and Choti (PW-1). In fact, at the time of occurrence Kumari Sarita (PW-3) was 7½ years old and Vikram (PW-15) was 1½ year younger than Kumari Sarita (PW-3). Further, in the orientation of the witnesses, the trial Court has found that they were fully conscious of what they were to state before the Court and their answers to the questions did disclose that they were able to understand the whole purpose of giving their evidence in Court and as to on what matter they were supposed to give their evidence. Even while narrating the incident, both the above witnesses were able to fully support the version of Choti (PW-1) as regards the involvement of each one of the accused, the weapons used by them in that process and the ultimate death of the deceased after such severe beating with the weapons used.= CRIMINAL APPEAL NO.937 of 2008 State of Rajasthan …. Appellant VERSUS Chandgi Ram & Ors. …. Respondents = 2014 - Sept. Month - http://judis.nic.in/supremecourt/filename=41893