Akram S/o Amanat Khan & Fazal S/o Taki Khan Vs. State of M.P.

Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

Criminal Appeal, 555 of 2008, Judgment Date: Nov 29, 2021

Law Laid Down - 

Chance Witness- Interested witnessEvidentiary value - 

(i) If presence of witness is satisfactorily established, his statement cannot be discarded by treating him as mere “chance witness”. The expression ‘chance witnesses’ is borrowed from countries where every man’s home is considered his castle and every one must have an explanation for his presence elsewhere or in another man’s castle. It is a most unsuitable expression in a country whose people are less formal and more casual. (Judgment of Supreme Court in AIR 1983 SC 680, Rana Pratap and Others vs. State of Haryana relied upon.)

(ii) Related witness is not equivalent to 'interested' witness, A witness may be called 'interested' only when he or she derives some benefit from the result of a litigation or in seeing an accused person punished.

Singular witness-Evidentiary value - Conviction can be recorded solely on the basis of a singular witness if his statement inspires confidence.

Akram S/o Amanat Khan & Fazal S/o Taki Khan Vs. State of M.P.