Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860 – Murder and destruction of evidence |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860 – Murder and destruction of evidence – Prosecution alleged that accused no.1 committed murder and accused no.2-respondent destroyed the evidence by cutting the corpse of the deceased into pieces and disposing them –Trial Court convicted accused no.1 u/s. 302 and s. 201 r/w. s.34 and accused no.2-respondent u/s. 201 r/w. s.34 – High Court acquitted both the accused persons – On appeal, held: State failed to furnish correct address of the accused no.1 for effecting service in the criminal appeals – Consequently, criminal appeals against accused no.1 dismissed for non-prosecution – Insofar as accused no.2-respondent is concerned, on perusal of the evidence on the record, out of 23 prosecution witnesses, the evidence of PW-7 was crucial as she was presented as the sole eye-witness who had seen the accused no.2- respondent along with accused no.1, cutting the corpse of the deceased into pieces – When the entire case hinges on the evidence of a sole witness, a paramount duty is cast on the Court to carefully scrutinize such evidence and find out whether such evidence is worth credence or not – According to PW-7, her husband also witnessed the crime, but they could not identify whether the accused were cutting into pieces the body of a dead person or an alive person – Even after watching the brutal crime, neither PW-7 nor her husband had raised hue and cry in the vicinity which was stated to be thickly populated, but they went to sleep peacefully – Unnatural manner in which PW-7 kept quiet for one and half month after witnessing such a brutal crime – Further, husband of PW-7 was neither examined by the police at the time of investigation nor was examined before the Court and no satisfactory explanation for his non-examination was found from the records – Apart from that, neither test identification parade was conducted nor any steps were taken to prove the blood group of the deceased with the blood stains found on the alleged weapon used in the crime – Not safe to convict an accused solely relying on evidence of PW-7 – Therefore, judgment of the High Court affirmed. |
Judge | Honble Mr. Justice N.V. Ramana |
Neutral Citation | 2018 INSC 109 |
Petitioner | State Of Maharashtra |
Respondent | Dinesh |
SCR | [2018] 2 S.C.R. 515 |
Judgement Date | 2018-02-07 |
Case Number | 1871 |
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