examination to discredit his testimony or in other words it can be safely
concluded that the testimony of PW-2 has stood the scrutiny.
14.
The thrust of the arguments canvassed on behalf of the appellant is
to the effect that non-examination of the owner of the tea stall located near
the scene of crime; non-examination of the ward boy of Savkar hospital;
non-examination of independent witnesses who had assembled near the
scene of crime on hue and cry being raised by PW-2; was fatal to the
prosecution case. Though at first blush, said arguments looks attractive, on
deeper examination it has to be answered against the appellant as it is settled
principle of law that non-examination of independent witnesses by itself
would not give rise to adverse inference against the prosecution. It would
only assume importance when the evidence of eyewitness raises a serious
doubt about their presence at the time of actual occurrence.7
15.
Yet another plea was raised that due to financial dispute between
appellant and PW-2, he (PW-2) had falsely implicated the appellant. During
course of examination, it was suggested to PW2 that there was some dispute
between him and the appellant on account of monetary transaction. Though
PW2 accepted that he had demanded a hand loan from the accused, he has
denied that appellant had mortgaged his bike with the friend of PW2 and has
7 Guru Dutt Pathak v. State of Uttar Pradesh, (2021) 6 SCC 116
13
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents