Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 197 3 - s. 161 and Explanation to s.162 - Murder - On |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Code of Criminal Procedure, 197 3 - s. 161 and Explanation to s.162 - Murder - On account of previous enmity - Four accused Chance Witnesses - Interested Witnesses - Prosecution case, that c - while driving Jeep, accused persons with intention to kill the victim hit him and dragged him from one place to another - Victim died on the spot - There was delay in recording the statement of witnesses - Trial court convicted the accused persons and sentenced them to life imprisonment - High Court however, acquitted all the accused D persons - On appeal, held: Prosecution was not able to prove its case beyond all reasonable doubt since the eye-witnesses were interested in the complainant and hence unreliable, while most other prosecution witnesses ll'ere chance witnesses - Evidence of the eye witnesses both as to fact of the alleged conspiracy and murder of the deceased, did not inspire confidence; there were inconsistencies E and improvements in the deposition of the prosecution witnesses made over their statements recorded - Further, there was unexplained delay in recording the evidence of certain prosecution witnesses as well as many important and basic lapses in investigation that made the prosecution case suspicious - No ground to interfere F with the judgment passed by High Court - Penal Code, 1860 - ss. 302, 149, I 20B. G Constitution of India -Art.136 - Scope of - Interference in criminal appeal against acquittal - Supreme Court not to interfere with the judgment of the High Court unless High Court has acted perverse~y or improperly. |
Judge | Hon'ble Mr. Justice Pinaki Chandra Ghose |
Neutral Citation | 2016 INSC 977 |
Petitioner | Harbeer Singh |
Respondent | Sheeshpal & Ors. |
SCR | [2016] 8 S.C.R. 380 |
Judgement Date | 2016-10-20 |
Case Number | 1624-1625 |
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