Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Indian Penal Code 1860-Section 396-Dacoity at night-By armed men with covered faces-Inmate of house killed by firing-Identification of accused. |
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-Section 396-Dacoity at night-By armed men with covered faces-Inmate of house killed by firing-Identification of accused Identification parade held after seven weeks-Appellant alone convicted based on the evidence of PWs 1,3 and 4-Appellant not a person known to the prosecution witnesses-On facts, held, identification of Appellant was doubtful-There being no identification of Appellant in the Court by PW3, results of identification parade will be of little value-Evidence of PW1 not credible-He belied his own version in cross-examination-There is also doubt if PW4 could closely observe the identifiable features of Appellant in mask, that too in the glow of dim lantern and light emitted by torches-Hence conviction of Appellant set aside-Evidence Act, 1872-Section 9. Appellant along with seven others was charged by the Additional Sessions Judge under Section 396 IPC for committing dacoity at night in course of which one of them fired at and killed one of the inmates of a house. Four accused were acquitted by the Trial Court. On appeal by the remaining four accused, three were acquitted by the High Court. Appellant alone was convicted under Section 396 IPC and sentenced to life imprisonment. High Court agreeing with the trial Court relied on the evidence of PW1, PW3 & PW4 and held that the identification of appellant ~ . could not be doubted. Hence the appeal. |
Judge | Hon'ble Mr. Justice P. Venkatarama Reddi |
Neutral Citation | 2005 INSC 33 |
Petitioner | Umesh Kamat |
Respondent | State Of Bihar |
SCR | [2005] 1 S.C.R. 474 |
Judgement Date | 2005-01-13 |
Case Number | 23 |
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