RAJPUT CHHAGANBHAI JIVABHAI Vs. (THE) STATE OF GUJARAT

JUDGEMENT

(1.) When the witness found the deceased lying in injured condition immediately after the incident, the deceased of his own told him to call police. It is pertinent to note that the deceased is not said to have given the name of his assailant, while insisting upon to call the police. Two inferences are possible. Either the deceased in fact did not give the name of his assailant or the witness is suppressing the name of the assailant as given by the deceased. In either case, benefit of doubt would go to accused whose name was admittedly not mentioned by the deceased to the witness even though the deceased was in a position to tell. According to the witness he was only told to call police, the deceased did not inform him about the name of his assailant. This circumstance raises a doubt about involvement of accused.