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.