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    Rough Draft KinjalKeya 2121-1

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    Kinjal Keya
    The document summarizes a draft research project on the case Balwan v. State of Haryana. It discusses the facts of the case where two injured witnesses, the daughter-in-law and daughter of the deceased, identified the appellants as the assailants. They testified that the lights were on and they had no difficulty identifying the attackers, despite being grievously injured. The court held their testimony to be natural, cogent and trustworthy. The research aims to analyze this judgment and the evidentiary value given to injured eyewitnesses under Indian law. It will follow a doctrinal research methodology and include chapters on eyewitness definitions, relevant legal provisions, and the facts, judgment and court's decision in this case.

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    © All Rights Reserved
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    Rough Draft KinjalKeya 2121-1

    Uploaded by

    Kinjal Keya
    26 views3 pages
    The document summarizes a draft research project on the case Balwan v. State of Haryana. It discusses the facts of the case where two injured witnesses, the daughter-in-law and daughter of the deceased, identified the appellants as the assailants. They testified that the lights were on and they had no difficulty identifying the attackers, despite being grievously injured. The court held their testimony to be natural, cogent and trustworthy. The research aims to analyze this judgment and the evidentiary value given to injured eyewitnesses under Indian law. It will follow a doctrinal research methodology and include chapters on eyewitness definitions, relevant legal provisions, and the facts, judgment and court's decision in this case.

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    Rough Draft KinjalKeya 2121-1 (1)

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    The document summarizes a draft research project on the case Balwan v. State of Haryana. It discusses the facts of the case where two injured witnesses, the daughter-in-law and daughter of the deceased, identified the appellants as the assailants. They testified that the lights were on and they had no difficulty identifying the attackers, despite being grievously injured. The court held their testimony to be natural, cogent and trustworthy. The research aims to analyze this judgment and the evidentiary value given to injured eyewitnesses under Indian law. It will follow a doctrinal research methodology and include chapters on eyewitness definitions, relevant legal provisions, and the facts, judgment and court's decision in this case.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    26 views3 pages

    Rough Draft KinjalKeya 2121-1

    Uploaded by

    Kinjal Keya
    The document summarizes a draft research project on the case Balwan v. State of Haryana. It discusses the facts of the case where two injured witnesses, the daughter-in-law and daughter of the deceased, identified the appellants as the assailants. They testified that the lights were on and they had no difficulty identifying the attackers, despite being grievously injured. The court held their testimony to be natural, cogent and trustworthy. The research aims to analyze this judgment and the evidentiary value given to injured eyewitnesses under Indian law. It will follow a doctrinal research methodology and include chapters on eyewitness definitions, relevant legal provisions, and the facts, judgment and court's decision in this case.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    CHANAKYA NATIONAL LAW UNIVERSITY

    A rough draft of project of Evidence Law


    On
    “BALWAN V. STATE OF HARYANA”

    Submitted to: - Dr Meeta Mohini

    Faculty of Evidence Law

    By: Kinjal Keya

    Roll No: 2121 2nd Year B.A. LL.B. (Hons.)


    FACTS OF THE CASE: The case of Balwan v. State of Haryana1 P.W. 4 and P.W. 5 were the
    daughter in law of and daughter of the deceased. They categorized brutal attacks made by the
    appellants on the victims by describing their overacts during the occurrence. They in their
    statements recorded during the investigation and testimony stated that the electricity lights were
    on in the house at the time of occurrence, their presence in the house cannot be doubted and they
    had no difficulty in identifying the assailants. Both of them were grievously injured and admitted
    in the hospital. There were other two injured witness also but they were not examined.

    HELD: Their testimony was natural, cogent and trustworthy. Non examination of other two
    witnesses would not affect the prosecution case. The testimony of injured witness is accorded a
    special status in law. This is a consequence of the fact that injury to the witness is an inbuilt
    guarantee of his presence at the scene of the crime and because the witness would not want to let
    actual assailant go unpunished.

    AIMS AND OBJECTIVES:


    1. To know about the provision which is incorporated in the case of Balwan v. State of
    Haryana
    2. To know about the facts and judgement of the above case.
    3. Critical analysis of the judgement of the case.

    HYPOTHESIS:

    1. The researcher presumes that The evidence of an injured eye-witness cannot be discarded
    in toto on the ground of inimical disposition towards the accused particularly where his
    evidence, when tested in the light of broad probabilities, it can be concluded that he was a
    natural eye-witness, and had no reason to concoct a case against the accused.
    2. The researcher presumes that the testimony of an injured witness holds more credence

    RESEARCH METHODOLOGY:
    The method of this research work is Doctrinal in nature.

    1
    TENTATIVE CHAPTERIZATION:

    1. Introduction.
    1.1. Who is a witness?
    1.2. Types of Witness
    2. Importance of Eye Witness
    3. Relevant Provision in Court of Law
    3.1. Section 3, Indian Evidence Act, 1872.
    3.2. Section 135, IEA, 1872.
    3.3. Section 138, IEA, 1872.
    4. Facts and Judgment of the Case.
    5. Court’s decision on evidence given by Injured Eye Witness
    6. Courts decision in Evidentiary Value of Eye Witness
    7. Conclusions and Suggestions.

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