Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860 - s. 302 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. 302 - Appellant-accused alongwith other co-accused charged u/ss. 302, 147, 1./8 and 149 !PC - Trial court acquitted all the accused in view of contradictory statements c of PWs, conflict befll'een ocular and medical evidence, delay in recording statements of witnesses, non-availability of proper site plan and absence of authenticated ballistic expert report - High Court partly allowing the appeal of the State convicted the appe/lant- accused uls. 302 - On appeal, held: In the facts of the case there D was no .compelling and substantial reason for the High court to interfere with the order of acqui1tal, as the prosecution miserably failed to establish the guilt of the accused beyond doubt - Mere sei::ure of gun and cartridges, enmity between the parties, and altercation and exchange of heated words between the rival groups cannot establish the guilt beyond reasonable doubt - Appellant- E accused is acquitted. F G Criminal trial - Contradict01y statements - Held: It is natural for human beings to state variant statements due to time gap - But if the stalements go to defeat !he case of the prosecution, such contradictions are material and the court has to be mindful of such statements. Evidence - Ocular evidence vis-a-vis medical evidence - Ocular testimony has greater evidentimy value vis-a-vis medical evidence - But when medical evidence makes the oral testimony improbable, ocular evidenc_e may be disbelieved. Witnesses: Interested witness - Evidentiary value - The evidence of interested witness needs to be scrutinized with utmost care - It can only be relied upon, if the evidence has ring of truth to it, is cogent,credible and trustworthy - A contradicted testimony of an interested witness cannot be usually treated as conclusive. A Chance Witness - Evidentimy value - Though evidence of chance witness is qcceptable. yet such witness has to reasonably explain his presence at 1he place of occurrenc:e. Appeal -Appeal against acquiual - Held: There are no fetters 011 the powers of' appellate court to revieH'. re-appreciale and reconsider the evidence. on facts as ivell as /all' - But the court is required lo be cautious in interfering with m1 appeal unless there are compelling and substanlial grounds to inte1fere ll'ith the order of acquittal. Investigation - Investigating office1~ dealing ll'ith a murder case. is expected to be diligent. truthfitl and fair in his approach - His pe1for111a11ce should always be in conformity with the police manual -A default and breach of duty may prove fatal to prosecution case. |
Judge | Honble Mr. Justice N.V. Ramana |
Neutral Citation | 2016 INSC 1014 |
Petitioner | Mahavir Singh |
Respondent | State Of Madhya Pradesh |
SCR | [2016] 8 S.C.R. 394 |
Judgement Date | 2016-11-09 |
Case Number | 1141 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |