manner, without scrutiny of the evidence of child witnesses, confining its consideration to the evidence of those, who had not seen the incident, disbelieved their version. According to him, this approach of the learned Trial Court suffered from gross illegality because once the evidence of eyewitnesses are reliable, law does not require any corroboration to their statement and need for corroboration would arise only when some doubt is cast on their evidence. Learned Trial Court, adopted it legal approach in only examining other aspects of the matter and then jumping to the conclusion that the evidence of eyewitnesses is liable to be disbelieved. Learned counsel for the petitioner would further argue that the prosecution led clinching medical evidence and the doctors have clearly stated in their evidence that the injury sustained by the deceased Jageshwar could not be caused on account of fall nor could result on account of self-infliction. The doctors clearly opined that it was homicidal in nature. Learned Trial Court having relied upon the prosecution evidence that Kaleshwar was assaulted by respondents accused, perversely recorded that the evidence of those witnesses of the same incident failed to prove as to who assaulted Jageshwar, ignoring the eyewitness account of as many as three child witnesses. Learned counsel for the petitioner further contended before us that emphatic corroboration to the evidence of the child witnesses Roopkunwar Sanwara (PW6), Guruwari Sanwara (PW9) & Ramesh Sanwara (PW10) from the evidence of Tahsildar (PW2) of oral dying declaration, given before him by Jageshwar, left nothing to disbelieve the eyewitness account. Tahsildar had immediately informed in the police station, within an hour of incident, which was recorded in rojnamcha sanha Ex.P/27C that the respondents accused had assaulted Kaleshwar and Jageshwar both, which fact was informed to him by one of the child eyewitnesses Guruwari Sanwara (PW9). Therefore, it is argued, gross miscarriage of justice has taken place when despite overwhelming reliable evidence of eyewitnesses regarding criminal overt act of respondents in examining Jageshwar leading to his death, their acquittal has been ordered.
