Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860: ss. 302 and 324 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: ss. 302 and 324 – Conviction by courts below – Prosecution case was that the appellant-accused and the victim-deceased had a verbal spat – On fateful day, appellant came to spot and picked up fight with PW-1 – In the process of interference to prevent assault, PW-2 also got injured – Soon thereafter when victim-deceased appeared at the spot, the appellant pushed him into the canal and hit him with wooden log on his head – Villagers prevented the appellant from assaulting deceased thereby causing injuries to him – Both appellant and the deceased were shifted to hospital where deceased succumbed to injuries – Trial court convicted appellant and awarded life imprisonment – High Court upheld the same – On appeal, held: Most of the prosecution witnesses were hearsay witnesses – They had deposed that both the appellant and the deceased participated in the fight with wooden logs and appellant also got head injury at the hands of deceased – But, prosecution did not produce his medical record, nor the Doctor was examined on the nature of injuries sustained by the appellant – In the circumstances in which the deceased, appellant and also PW-2 got injuries, it was obligatory on the part of IO. to examine the doctor and seek information about the injuries sustained by the accused and the same should have been made part of the record – The injuries alleged to have been caused to appellant were not properly explained, rather an alternative story was set up wherein the injuries were attributed to mob justice, such plea without substantive evidence cannot be accepted – Had there been a strong motive to do away with the life of deceased, generally there would have been more fatal injuries caused on the deceased not by a log but by utilizing more dangerous weapons – These circumstances show that there is no reason to believe that motive was entertained by the accused in the back drop of quarrel that took place prior to the date of occurrence – In the absence of positive proof of such motive, prosecution failed to prove its case beyond reasonable doubt – Conviction and sentence awarded by courts below set aside. Investigation: Role of Investigating authority – The investigative authority has a responsibility to investigate in a fair manner and elicit truth – The concerned authorities to take up the investigation in a neutral manner, without having regards to the ultimate result. Criminal law: Injuries on the accused – A duty is cast on the prosecution to furnish proper explanation to the Court how the person who has been accused of assaulting the victim received injuries on his person in the same occurrence – Penal Code, 1860 – ss.302 and 324. Criminal law: Motive – Generally, in case prosecution desires to place motive of the accused as a circumstance, like any other incriminating circumstance, it should also be fully established – If the genesis of the motive of the occurrence is not proved, the ocular testimony of the witnesses as to the occurrence could not be discarded only on the ground of absence of motive, if otherwise the evidence is worthy of reliance – Evidence. |
Judge | Honble Mr. Justice N.V. Ramana |
Neutral Citation | 2018 INSC 497 |
Petitioner | Kumar |
Respondent | State Represented By Inspector Of Police |
SCR | [2018] 5 S.C.R. 343 |
Judgement Date | 2018-05-11 |
Case Number | 409 |
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