NAHAR SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The High court has given very good reasons for discarding the evidence of the three eyewitnesses PWs 2, 4 and 5. One important circumstance which weighed with the High court was that although eight accused persons were alleged to be involved in the occurrence, the names of only two persons were mentioned in the First Information report given by Nahar Singh. Nahar Singh had admittedly given the report after he had been informed about the occurrence by Public Witness 5 and after he had come to the scene of the occurrence where he also found the other two eyewitnesses present. If the eyewitnesses hadseen the ghastly occurrence they would have certainly disclosed the name of the other accused also. We are unable to say that the view taken by the High court is an unreasonable one on the facts and circumstances of the case. The appeals are therefore dismissed. The accused be set at liberty forthwith.