Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860: s.302 rlw s.34- Conviction by trial court-High Court ordered acquittal- State's appeal against acquittal |
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: s.302 rlw s.34- Conviction by trialcourt-High Court ordered acquittal- State's appeal againstacquittal - Prosecution case was that the respondents wereindulging in Tantrism and for the said purpose killed 8 yearsold boy - PW-2 saw respondents taking the boy inside thebaithak and coming out after half hour without the boy andgoing towards Chamunda Math with a thaal filled with articlesof worship- Thereafter, PW-2 went along with another personinside baithak and saw the dead body of the boy in pool ofblood - The villagers caught hold of respondents and beatthem up - Trial Court held respondents guilty u/s.302 rlws.34 - High Court acquitted the respondents on the groundthat the prosecution had failed to prove their complicity inthe offence- On State's appeal, held: There was no evidenceto prove presence of sole eye witness at the spot - Placefrom where he allegedly witnessed the incident was not anatural place where either witness resided or .carried onvocation - The witness also could not give reason of hispresence at the spot and his continuing to be there for 20-25minutes - The family members of the boy were not examined- Moreover, no blood stained clothes were recovered fromany of (he respondents though they were allegedly to beauthors of t;,e crime which left body of the deceased boy in a· pool of blood- Case against respondents not made out and therefore, entitled to benefit of doubt.Appeal: Appeal against acquittal- Scope of interference- Discussed - Penal Code, 1860. |
Judge | Honble Mr. Justice Uday Umesh Lalit |
Neutral Citation | 2015 INSC 450 |
Petitioner | State Of U.p. |
Respondent | Satveer & Ors. |
SCR | [2015] 8 S.C.R. 306 |
Judgement Date | 2015-07-01 |
Case Number | 623-624 |
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