Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860: s . .J02 - Conviction and death sentence by courts below for causing death of wife and 5 daughter Penal Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860: s . .J02 - Conviction and death sentence by courts below for causing death of wife and 5 daughters - Prosecution case that on the fateful night, complaint lodged that sound of shouting heard ji-om the house of the appellant - When police reached his house, PW-6, mother of the appellant informed that she saw appellant attacking his wife and five daughters with a sharp edged object - Bodies of the deceased found in a room and appellallf lying in one corner of the same room in an unconscious state with iron knife lying near his hand -Appellant sent to hospital - Before the Magistrate, PW-6 did not directly attribute anything to the appellant - However, in the opinion of trial court, her version implicating the appellant as spoken to PWsl, 2, 3 and 5 was admissible u/s.6 of Evidence Act - Placing reliance on those witnesses as well as non-explanation on part of appellant as to how incident occurred, trial court held appellant guilty - High Court affirmed conviction - On appeal, held: Statement of PW-6 cannot be said to have been made so shortly after the incident so as to form part of transaction - Since spontaneity and continuity was lost, statements attributed to PW-6 by other prosecution witnesses do not satisfy the essential requirement of s.6 of Evidence Act - Further, the doctor who had examined appellant was not called as witness, nor any case papers of such examination were made available - The explanation that he knew nothing as he was unconscious, therefore, cannot be called, 'absence of explanation' or 'false explanation' - The extracts of General Diary were completely silent about any relevant features regarding the role of the appellant - Also, there was discrepancy as to seizure of cloths worn by him at the time of occurrence - The site map shows the house to be a single storey structure with a verandah and courtyard open to sky - Rooms were not locked and the possibility of anyoneother than the inmates of the house getting into the house cannot be ruled out - Prosecution did not gather the fingerprints either in the house or even on the iron knife which was allegedly used for committing the offence in question - The circumstances did not form a complete chain of circumstances as not to leave any reasonable ground for the conclusion inconsistent with the innocence of the appellant - Appellant entitled to acquittal - Evidence Act, 1872 - s.6. A Evidence Act, 1872: s. 6 - Rationale behind - Held: It is the spontaneity and immediacy of the statement in question which rules out any time for concoction - For a statement to be admissible u/ s.6, it must be contemporaneous with the acts which constitute the offence or at least immediately thereafter - Penal Code, 1860 - s.302. |
Judge | Honble Mr. Justice Uday Umesh Lalit |
Neutral Citation | 2016 INSC 905 |
Petitioner | Dhal Singh Dewangan |
Respondent | State Of Chhattisgarh |
SCR | [2016] 8 S.C.R. 36 |
Judgement Date | 2016-09-23 |
Case Number | 162-163 |
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