Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Ocular evidence corroborated the medical evidence Murder s. 302 IPC interested witness related motive proved eye-witness |
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: s. 302 – Murder – Accused persons armed with weapons killed the victim – Informant fled from the scene of incident and recorded FIR – Conviction of appellant no. 1 to 3 for the offence u/ss. 302/149/148, u/ss. 302/149/147 and u/s. 302/147 and 379 respectively – Upheld by the High Court – On appeal held: Courts below justified in convicting and sentencing the appellants – Prosecution case fully proved against them – Prosecution witness, who accompanied the deceased-victim gave the eyewitness account of the entire incident – Mere fact that witness was related does not lead to inference that such witness was an interested witness – Names of all the five accused and role attributed to them promptly recorded by the police officials – Non-mentioning of the name of one of the accused by the prosecution witness cannot lead to the inference that he was not involved in the incident – Ocular evidence corroborated the medical evidence – Motive for the occurrence was proved – Witness – Interested witness. |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2019 INSC 658 |
Petitioner | Shio Shankar Dubey & Ors. |
Respondent | State Of Bihar |
SCR | [2019] 7 S.C.R. 607 |
Judgement Date | 2019-05-09 |
Case Number | 1617 |
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