Related witness or interested witness is required to be carefully scrutinized and appreciated- Allahabad High Court

Shri Pal & others Versus State

Decided on 20.07.202

Criminal Procedure,1973-Section 374(2) - Indian Penal Code,1860-Sections 302/34, 

201,307/34-challenge to- conviction-accused came with lathi, danda, farsa and gun with common object and they brutally murdered the deceased and cutting his 

head threw the body in canal, would show the occurrence could not be carried out by one person alone-they succeeded in executing their plan successfully-ocular 

version stands corroborated by the evidence-presence of PW-1 and  PW-2 was natural, their testimony is consistent in respect of time and place of occurrence-merely because witnesses are close relatives of victim, their testimonies can not be discarded-relationship with oneof the parties is not a factor that affects credibility of witness-more so, a relative would not conceal the actual culprit and make allegation against an innocent person-they were subjected to lengthy cross examination, but the defence could not succeed in impeaching their creditworthiness by extracting anything suspicious.

B. It is a settled legal proposition that the 

evidence of closely related witness or 

interested witness is required to be 

carefully scrutinized and appreciated. 

there is no hard and fast rule that family 

members can never be true witnesses to 

the occurrence and that they will always 

depose falsely before the court. it will 

always depend upon the facts and 

circumstances of a given case. In case the evidence has a ring of truth to it, is 

cogent, credible and trustworthy, it can, 

and certainly should, be relied upon.