As such improvement made by the prosecution witnesses during trial court in regard to the illicit relations of deceased with the wife of accused Amar Singh and also that Amar Singh was bearing torch in his hand at the time of opening fire and the same was never told by these witnesses in their statement recorded under Section 161 Cr.P.C. to the Investigating Officer; to that extent the testimony of this witnesses cannot be relied upon. The Hon’ble Apex Court in Sampath Kumar Vs. Inspector of Police, 2012(77) ACC 251 (SC) held that in criminal trial testimony of a witness in the court that when he woke up, he saw the appellant standing near the head of the deceased – no such statement was given by the witness to the police under Section 161 of Cr.P.C. is wholly unsafe to base the conviction on such testimony in absence of independent witness.

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