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Surajdeo Mahto & Anr. vs. State of Bihar (SC)

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Criminal Trial–Independent Witness–Non-examination–Effect on prosecution case–Prosecution case cannot be discarded merely on a bald plea of all witnesses being related to the complainant party–In order to draw an adverse inference against the non-examination of independent witnesses, it must be shown that though the best evidence was available, it was withheld by the prosecution.