Om Pal vsState of U.P. (now Uttarakhand) 2025 INSC 1262 - Injured Eyewitness Testimony - FIR Delay - Non-Recovery Of Weapons

Evidence -Ocular evidence is the best evidence unless there are reasons to doubt it (Para 33)- An injured eyewitness enjoys a presumption of truth - The testimony of an injured eyewitness is accorded a special status in law. As being a stamped witness, his presence cannot be doubted. The testimony of an injured eyewitness has its own relevancy as he has sustained injuries at the time and place of occurrence and this lends support to his testimony that he was present during the occurrence. Thus, the testimony of the injured eyewitness should be generally given due importance unless there are glaring contradictions. 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 therein. (Para 35-39)

Criminal Trial - 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) 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) 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 and fortify the Court in its ultimate conclusion. Thus, the fact of motive has to be seen in the light of the other cogent evidence available. (Para 42)

Indian Penal Code 1860 - Section 300 - The 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.(Para 45)