Makhan Singh v. State Of Punjab

   
    

  
 

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 - "14. Seal in this case after use was handed over to Jaswant Rai independent witness, who has been given up by the prosecution as having been won over by the accused. Now the question arises as to whether the testimony of prosecution witnesses are worthy of reliance in the absence of independent witness. In the case of Shera Singh Vs. State of Punjab reported as 1996 (2) Recent Criminal Reports, 128, it has been observed by the Hon'ble High Court of Punjab and Haryana that there is no rule of law that the evidence of police officer cannot be accepted unless it is corroborated by independent witness. If the police officer otherwise is dependable. In the case of Ram Singh Vs.

State of Haryana reported as 2000 (1) Recent Criminal Reports 541 the independent witness was joined, but he did not support the prosecution version and His lordships of Hon'ble Punjab and Haryana High Court observed that the conviction can be based on the statement of official witness if it inspires confidence. In the case of Roop Chand Vs.

= witness joined by the Police party was not examined and his lordship of Hon'ble Punjab and Haryana High Court observed as follows:- "In my opinion, the case has to be viewed from, the angle that whether a conviction can be based on the statements of police officials or not irrespective of the fact that Kulwant Singh has not been examined. Assuming for the sake of argument that Kulwant Singh has been examined and he does not want to support the case of the prosecution at the trial, still this court Is of the opinion that conviction could be based on the testimony of the police witnesses as held even in Balbir Singh Vs. State of Punjab, 1994 (1) Recent C.R. 736. Further it depends upon individual to individual whether he would like to support the allegations of the prosecution at the trial stage or not.

We have to see whether the investigation was honest or not. When the Investigation Officer ASI Kishan Singh has taken the assistance of Kulwant Singh in getting his attestation, it can be safely said that there was a genuine effort on the part of the investigating officer to associate an independent witness. The appellant has not taken trouble to examine Kulwant Singh in his defence to explain under what circumstances he has attested the recovery memo etc.

variety of reasons why a witness is not interested to come forward to assist the law. He can be threatened; he can be bribed; he might come under the pressure of co-villagers etc; or he may not want to purchase enmity with the accused. The nonexamination of a witness who has been joined in the investigation per se is not fatal untill and unless some strong circumstance emerges out from which a reasonable doubt can be created"."

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