Authentic judgments of s.c. court
Adv M.D.Azhar
(Querist) 20 February 2012
This query is : Resolved
dear sir,
my senior advocate is defending the case of a murder in which the accused murdered the deceased with sharp weapons on the head and on neck. all the witnesses said that the injury was caused from the front side by the accused but as per doctor's view it was caused from behind.... i mean there are lots o contradictions in the statements of the witnesses but the real fact is that, the said witnesses of these case were not present during the occurrence and all the witnesses are brought from the house and relatives o the deceased, no independent witnesses has been called who were present during the occurrence. so if u have a related authorities of acquittal of the accused regarding the same story so please inform me i will be very thankful to you.
Ghanshyam Prasad
(Expert) 20 February 2012
you can challange prosecution case on the band asis of contradiction of medical evidence and absence of eye witness .since case is based on appreciation of evidence ruling is not required.contact for more details.
Adv M.D.Azhar
(Querist) 20 February 2012
Ghanshyam sir can u explain me the term "band asis contadiction"
Kiran Kumar
(Expert) 20 February 2012
visit www.supremecourtofindia.com
for latest judgments and all judgments of AIR , SCC, JT and SCALE
Raj Kumar Makkad
(Expert) 21 February 2012
How can you say that the witnesses were not present on the site of occurrence if they support the story of the prosecution? The contradictions shall definitely go in favour of the accused but the only contradiction you told is not sufficient for your case.
So far as the citations is concerned, as you are a junior lawyer, try to make maximum labour and find out these from law journals and books.
Adv M.D.Azhar
(Querist) 23 February 2012
raj kumar sir i can say that the witnesses were not present during the incident because such incident took place in our town and there were independent witnesses but they have not been examined because there may be a reason that they can not support the case therefore all the relatives o the deceased examined as a eye witnesses and there are lots of contradictions in their statement regarding place of offense and the the time o such incident. we have find out some authorities but those are not latest therefore we need some of the latest citations which are supporting our case.