Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Criminal Trial Assassination |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860 - ss.147/149/449/436/302/395/396 - Assassination of the Prime Minister of India - Communal riots- Violent mob attacks on Sikh community - Mob killing husband and father-in-law of PW1 and also looting articles - Acquittal .of accused-appellants - Reversal of acquittal by High Court - Justification - Held: Justified -The witnesses consistently deposed with regard to the offence committed by the appellants and their evidence remained unshaken during their cross-examination - Mere marginal variation and contradiction in their statements not a ground to discard the testimony of the eye-witness who was none else but widow of one deceased - Further, relationship not a factor to affect credibility of a witness - Discovery of dead body of the victim not the only mode of proving the corpus delicti in murder - In fact, there are very many cases of such nature like the present one where the discovery of the dead body was impossible, especially when members of a particular community were murdered in such a violent mob attack on Sikh community in different places and the offenders tried to remove the dead bodies and also looted articles - High Court correctly appreciated the evidence and reversed the findings of the trial court. Criminal Trial - Evidence - Appreciation - Assassination of the Prime Minister of India - Communal riots - Mob killing husband and father-in-law of PW1 - Delay in filing of FIR and in recording of the statements of witnesses by the police - Held: Did not affect the prosecution case - . Instant incident was not solitary, such incidents took place in almost all parts of the country - Circumstances of the case were extraordinary - The city was in turmoil and persons having witnessed crimes would naturally be apprehensive and afraid in coming forward to depose against the perpetrators,till things settled down; the State machinery was overworked; and in such circumstances, delay in recording the statements of witnesses cannot be a ground to reduce its evidentiary value or to completely ignore it - Further, witnesses prior to the incident were residents of the same area and knew the c assailants and it was not the case of the appellants that the delay could have resulted .in wrong identification of the accused - Penal Code, 1860 - ss.147/149/449/436/302/395/396. Appeal - Appeal against acquittal - Power of the appellate Court to re-appreciate evidence - Held: The appellate court has full power to review the evidence upon which the order of acquittal is founded - High Court is entitled to re-appreciate the entire evidence in order to find out whether findings recorded by the trial court are perverse or unreasonable. |
Judge | Hon'ble Mr. Justice M.Y. Eqbal |
Neutral Citation | 2013 INSC 225 |
Petitioner | Lal Bahadur & Ors. |
Respondent | State (nct Of Delhi) |
SCR | [2013] 5 S.C.R. 744 |
Judgement Date | 2013-04-08 |
Case Number | 1794 |
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