Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | s.302 benefit of doubt Appeal against acquittal |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Arms Act, 1959 (54 of 1959) Scheduled Castes and Scheduled Tribes (prevention of Atrocities) Act, 1989 (33 of 1989) Indian Penal Code (45 of 1860) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Appeal: Appeal against acquittal – Prosecution case was that on the fateful day when the accused persons were ploughing the disputed land, complainant party objected to their act of ploughing whereafter accused no.1 and 2 fired three gun shots which hit wife of PW-5, PW-6 and PW-7 – Wife of PW-5 died on the spot and PW6 and PW-7 got injured – Trial court convicted accused no.1 and 2 under s.302 r/w s.34 – High Court confirmed conviction of accused no.1, however, acquitted accused no.2 by holding that the identification of accused no.2 was doubtful and therefore he was entitled to benefit of doubt – State’s appeal against acquittal – Held: There was contradiction in prosecution’s case and statement made in the court as to who fired the gun shots – Likewise, the recovery of the weapons from the accused was also not proved by convincing evidence – The post-mortem certificate did not indicate as to whether the gun shots wounds on the body of deceased were caused by rifle or by gun – In absence of definite evidence as to whether the fatal gunshot wounds were caused either by the rifle or by double barrel gun, it cannot be said that the impugned judgment of the High Court acquitting the accused suffered from perversity warranting interference – Penal Code, 1860 – s.302. |
Judge | Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2019 INSC 1415 |
Petitioner | State Of Gujarat |
Respondent | Kalusinh @ Harpalsinh |
SCR | [2019] 7 S.C.R. 473 |
Judgement Date | 2019-05-02 |
Case Number | 1125 |
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