Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code I 860-Section 302 read with Section 34 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, I 860-Section 302 read with Section 34 and Section 307-Conviction-High Court acquitting .the accused-On appeal held order ofHigh Court perverse and illegal since it failed to consider the testimony ofeye-witnesses and reasons given for discarding the prosecution case are notsustainable in law-Hence acquittal set aside.Code of Criminal Procedure, 1973:Section 386-Power of Appellate Court-Appeal from conviction-Casebased on eye witness account-High Court failing to consider testimony ofeye-witnesses and acquitting accused-leads to infraction of Section 386.Section I 7 4- report-Non-mentioning of facts aboutoccurrence-Effect of-Held, such omission does not affect the prosecutioncase since the purpose of the report is to report regarding the apparent causeof death.Criminal Trial:FIR-Inordinate delay in lodging-Evidentiary value of-Held: ItF depends on facts and circumstances of the case whether such delay castsdoubt about the veracity of the prosecution case-On facts, delay satisfactorilyexplained, thus no adverse inference can be drawn against the prosecutioncase.Investigating Officer-Failure or omission in investigation-Effect of-When prosecution case is fully established by testimony of eye-witnesses andcorroborated by medical evidence-Held, such failure does not renderprosecution case doubtful.Examination of all eye-witnesses-Necessity of-Discussed-EvidenceAct, 1872-Section 134. |
Judge | Hon'ble Mr. Justice G.P. Mathur |
Neutral Citation | 2003 INSC 52 |
Petitioner | Amar Singh |
Respondent | Balwinder Singh And Ors |
SCR | [2003] 1 S.C.R. 754 |
Judgement Date | 2003-01-31 |
Case Number | 1671 |
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