NDLI: Ashoksinh Jayendrasinh Vs. State of Gujarat

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	darkness not proved beyond reasonable doubt s. 34 identification of accused s. 25 (c) of the Arms Act s.307 murder s. 302 IPC
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Scheduled Castes and Scheduled Tribes (prevention of Atrocities) Act, 1989 (33 of 1989) Indian Penal Code (45 of 1860)
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Penal Code, 1860 – s. 302 r/w. s. 34, s.307 r/w. s. 34 – Prosecution case was that accused persons including appellantaccused no. 1 ploughed the disputed road for which a civil suit was pending between complainant and the accused persons – When complainant and his family objected accused from carrying out ploughing activities, they were abused – Thereafter, complainant and his family went back to their houses – In the meantime, accused persons armed with guns and stick went to their houses and accused Nos. 1 & 2 fired three gun shots which hit victim-deceased (wife of PW-5), PW-6 and PW-7 – Wife of PW-5 died on spot – FIR was registered – Upon consideration of the evidence of injured eyewitnesses (PWs 6 and 7), recovery of weapons and other evidence on record, the trial court convicted appellant-accused No.1 and accused No. 2 u/s. 302 r/w. s. 34 IPC, u/s. 307 r/w. 34 IPC, u/s. 25(c) of the Arms Act and u/s. 3(1) (x) of SC and ST (Prevention of Atrocities) Act, 1989 – High Court acquitted accused No. 2, however, affirmed the conviction of the appellant-accused No.1 u/s. 302, 307 r/w. s. 34 IPC and u/s. 25 (c) of the Arms Act – On appeal, held: The occurrence was in the agricultural field of the complainant where it was dark – In absence of any evidence as to the light aspect, the possibility of identifying the accused in the darkness of the agricultural field becomes doubtful – There were contradictions in the case of prosecution as to who fired those gun shots – Further, PW-1 doctor did not state in his report that the injury was caused either by bullet or by pellets and also did not state whether wounds were caused by rifle or by gun – The witness to the panchnama (Ex. P-79) for recovery of weapons from accused Nos. 1 & 2 had turned hostile and there was no independent source to corroborate the recovery of the weapons – Therefore, the guilt of the accused was not proved beyond reasonable doubt – Impugned Judgment of the High Court affirming the conviction of the appellant-accused No. 1 set aside.
Judge	Hon'ble Ms. Justice R. Banumathi
Neutral Citation	2019 INSC 634
Petitioner	Ashoksinh Jayendrasinh
Respondent	State Of Gujarat
SCR	[2019] 7 S.C.R. 309
Judgement Date	2019-05-07
Case Number	1123

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