A. Indian Evidence Act, 1872 (1 of 1872), Section 59 -- Injured eye witness version -- Ocular evidence is the best evidence unless there are reasons to doubt it -- Testimony of an injured eyewitness is accorded a special status in law -- As being a stamped witness, his presence cannot be doubted -- Deposition by the injured eyewitness should be relied upon unless there are strong grounds for rejection of his evidence on the basis of major contradictions and discrepancies -- Keeping in view the principle that an injured eyewitness enjoys a presumption of truth and the fact that the same is supported by the medical evidence, testimony does not suffer from any infirmity and has to be considered while fixing the guilt of the appellants.

(Para 33-37)

B. Indian Evidence Act, 1872 (1 of 1872), Section 8 -- Motive -- Motive although is a relevant factor in all criminal cases, it, however, is not a sine qua non for establishing the guilt of the accused persons -- Motive even in a case which rests on an eyewitness account, lends strength to the prosecution’s case -- Fact of motive has to be seen in the light of the other cogent evidence available -- Fact of a prior enmity on account of the boundary dispute establishes the motive for the commission of the offence.

(Para 42, 43)

C. Indian Penal Code, 1860 (45 of 1860), Section 300 Exception 4, 302 – Murder – Culpable homicide not amounting to murder -- Nature and extent of injuries, coupled with the surrounding circumstances, leave no doubt that they were intentionally inflicted -- Use of the sharp edges of spades, phawadas to deliver fatal blows on the heads of the deceased demonstrates that the assailants acted with a clear motive and object of permanently eliminating them, thereby committing their murder -- Thus, the circumstances to bring the case under the fourth exception to Section 300 of the IPC do not exist.

(Para 45)

D. Code of Criminal Procedure, 1973 (2 of 1974), Section 154 -- Delay in FIR -- It is a settled position that delay in filing of the FIR cannot be considered to be fatal to the case of the prosecution when there is direct evidence and when the delay in filing the FIR is well explained.

(Para 46)

E. Indian Evidence Act, 1872 (1 of 1872), Section 27 -- Non-recovery of the weapons cannot be considered fatal to the case of the prosecution if there is consistent medical and ocular evidence.

(Para 49)

F. Code of Criminal Procedure, 1973 (2 of 1974), Section 173 -- Omission by Investigation officer – Effect of -- Any omission on the part of the investigating officer cannot go against the prosecution’s case -- Story of the prosecution is to be examined dehors such omission by the investigating agency -- Otherwise, it would shake the confidence of the people not merely in the law enforcing agency but also in the administration of justice.

(Para 50)