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Tag: Dalip Singh and Others Vs State of Punjab

Liyakatuddin Vs The State of M.P. on 21 August, 2018

Posted on September 2, 2019 by ShadesOfKnife

Based on State of Rajasthan Vs Smt. Kalki and Anr judgment here and Dalip Singh and Others Vs State of Punjab judgment here, High Court of Madhya Pradesh gave this judgment differentiating the related witness and interested witness.

Liyakatuddin Vs The State of M.P. on 21 August, 2018

Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

 

Posted in High Court of Madhya Pradesh Judgment or Order or Notification | Tagged Dalip Singh and Others Vs State of Punjab Interested Witnesses Liyakatuddin Vs The State of M.P. No Independent Witnesses Examined State of Rajasthan Vs Smt. Kalki and Anr

State of Rajasthan Vs Smt. Kalki and Anr on 15 April, 1981

Posted on September 1, 2019 by ShadesOfKnife

On the same lines as this Supreme Judgment here in Dalip Singh and Others Vs State of Punjab, in this case also a 3-judge bench addressed the issue “Whether the word “related” means “interested”?”

State of Rajasthan Vs Smt. Kalki and Anr on 15 April, 1981

Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Dalip Singh and Others Vs State of Punjab Interested Witnesses Landmark Case Legal Procedure Explained - Interpretation of Statutes No Independent Witnesses Examined State of Rajasthan Vs Smt. Kalki and Anr

Dalip Singh and Others Vs State of Punjab on 15 May, 1953

Posted on September 1, 2019 by ShadesOfKnife

Supreme Court has held that a related witness would ordinarily speak the truth, but in the case of an enmity there may be a tendency to drag in an innocent person as an accused—each case has to be considered on its own facts.

From Paras 25 and 26,

“25. We are unable to agree with the learned Judges of the High Court that the testimony of the two eyewitnesses requires corroboration. If the foundation for such an observation is based on the fact that the witnesses are women and that the fate of seven men hangs on their testimony, we know of no such rule. If it is grounded on the reason that they are closely related to the deceased we are unable to concur. This is a fallacy common to many criminal cases and one which another Bench of this Court endeavoured to dispel in Rameshwar v. State of Rajasthan.”
In the said case, it has also been further observed: (AIR p. 366, para 26)
“26. A witness is normally to be considered independent unless he or she springs from sources which are likely to be tainted and that usually means unless the witness has cause, such as enmity against the accused, to wish to implicate him falsely. Ordinarily a close relative would be the last to screen the real culprit and falsely implicate an innocent person. It is true, when feelings run high and there is personal cause for enmity, that there is a tendency to drag in an innocent person against whom a witness has a grudge along with the guilty, but foundation must be laid for such a criticism
and the mere fact of relationship far from being a foundation is often a sure guarantee of
truth.”

Dalip Singh and Others Vs State of Punjab on 15 May, 1953

Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Dalip Singh and Others Vs State of Punjab Interested Witnesses Landmark Case No Independent Witnesses Examined Reportable Judgement or Order

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