Allahabad High court while hearing a case of murder has said,if there is strong evidence against the accused and the statements of the eye-witnesses are credible, so it is not necessary to prove the intention to kill.Dismissing the appeal filed against the life sentence of two accused of murder in broad daylight.the High court said, the testimony of eye-witnesses doesn't become unreliable merely on the ground that they are close relatives of the deceased.if the presence of eye-witnesses at the scene is proved,then their statement can be relied upon. This order was given by the bench of Justice Manoj Kumar Gupta and Justice Om Prakash Tripathy while dismissing the appeal of Kalua and Shankar, residents of Bulandshahr.
According to the case, on September 6,1999 complainant Neeraj Singh had lodged a F.I.R.at Shikarpur police station that he was going to Delhi with his sister and brother- in- law Dalbir Singh.As soon as they reached near Jam Singh's field around 7.00 a.m.accused Munesh, Shankar, Shashi and Kalua surrounded them.He dragged Dalbir Singh to a nearby field and shot and kill him. the deceased had received 8 bullets. . .
In this case, both the eye-witnesses Neeraj Singh and his sister Rajeshwari said the same things in their statements.Which he F.I.R.was written in. the cross-examination of the both the eye-witnesses, also did not reveal any point to cast doubt on their presence at the spot
It was argued on behalf of the defence that the statement of the eye-witnesses doesn't prove the purpose of killing. the second argument was that both the eye-witnesses are close relatives of the deceased.therefore his testimony can not be credible Rejecting both these arguments, the High court upheld the life sentence awarded to the accused by the trial court.
