Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Interested witness Murder Criminal Jurisprudence Investigation |
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. 302/34 - Murder - Prosecution for - Conviction by Courts below - Held: In view of serious lapses in the case, prosecution case not proved beyond reasonable doubt - Hence, the accused are liable to be acquitted. Criminal Jurisprudence - Prosecution must stand or fall on its own - If it has not proved its case beyond reasonable doubt, it cannot draw support from weakness of the defence case. Investigation - Defective investigation - Effect of - Held: Lapses and irregularities in investigation, if they do not go to the root of the matter, if they do not dislodge the substratum ' of prosecution case, they can be ignored - In the present case, lapses, being serious, cannot be ignored. Witness - Interested witness - Evidentiary value - Held: Evidence of interested witness, if consistent, can be relied upon and not to be mechanically over-looked - In the present case, the interested witnesses, not being truthful, their presence itself being doubtful, cannot be relied upon. Criminal Trial - Direct evidence and medical evidence - Inconsistency between ." Effect of- Held: Where eye-witness is cogent, medical evidence recedes in background - But when eye-witness account is totally inconsistent with medical evidence, there is reason to believe that improvements aremade in the Court to bring the prosecution case in conformity A with the post-mortem report - In the present case, eye-witness account is inconsistent with medical evidence as regards firearm injury, hence not credible. |
Judge | Hon'ble Ms. Justice Ranjana Prakash Desai |
Neutral Citation | 2013 INSC 229 |
Petitioner | Sunil Kundu And Anr. |
Respondent | State Of Jharkhand |
SCR | [2013] 5 S.C.R. 924 |
Judgement Date | 2013-04-09 |
Case Number | 1073 |
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