Slight variation in the description, would not impeach the credibility of the witness

Sections 302 read with Section 34 IPC Circumstantial evidence Appeal against conviction Appreciation of evidence Accused placed at scene of crime, prior to murder  Held, oral evidence categorical in placing accused with other persons, at scene of crime Assault on a witness by one of the accused, corroborated by medical evidence Victim died of bullet wound Gunshot heard while accused were in room of deceased Appellant failed to offer any explanation as to his role and position when the incident took place Appellant though present in the place of occurrence, did practically nothing to raise an alarm on being attacked by the three "Bodo" boys Accused inferred to have acted in concert with other co-accused Testimony of witness, un-confronted in crossexamination Slight variation in the description, would not impeach the credibility of the witness Links in the chain of circumstantial evidence, pointing to guilt of accused Appeal dismissed. [Paras 43 and 46]

Rameswar vs State Of Assam CRLA 198/15 12/11/21 [ SUMAN JJ ]

[ GAUHATI HIGH COURT ]