“25. In the present matter, it may be pointed out that no independent witness has been joined or cited on behalf of the prosecution to prove the allegations against the accused to the effect that he had caused the injuries to the complainant. The prosecution witnesses have deposed to the effect that the injured persons were taken in the TSR by public persons, however, none of the public persons have been joined to prove this fact. Further, there is no evidence to the effect that injuries, on the person of the complainant, were caused by the Honda City Car. There is lack of independent witness to strengthen or to corroborate the prosecution witnesses. All the witnesses cited on behalf of the prosecution are police witnesses and are interested witnesses and cannot be given much reliance in the absence of corroboration from any independent source. Further, when the case of the prosecution is to the effect that the injured were taken in the TSR by public persons, it is the bounden duty of the prosecution to prove its case, through the evidence of the independent witness. Thus, there is no sufficient, clinching, incriminating evidence against the accused, to connect him with the alleged offence. In order to attract section 307 of IPC, it is necessary that there must be requisite intention or knowledge. It has been made clear, through catena of Judicial pronouncements that in order to determine the question as to whether offence under Section 307 of IPC is made out or not, the requisite mens-rea should be there, which is an important part of section 307 IPC. Further, there are material contradictions between the evidence of prosecution witnesses in the present matter, as PW4 had deposed, in his cross-examination, that he and Ct Subhash were in conscious condition, on the other hand, PW2 had deposed that he became unconscious. Further, as per PW11, SI Devi Lal, who is IO of the case, there is deposition to the effect that he did not found any blood on the spot. He further deposed, in his crossexamination, that uniforms were not sent to FSL for examination. This fact, coupled with the contradictions in the
