Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India 1860-Sections 302 and 120B-Evidence Act 1872- Sections 3 and 27. 1950-Article 136-Appeal against acquittal by High Court. Penal Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Constitution of India, 1950-Article 136-Appeal against acquittal by -High Court-Interference with-On facts, prosecution case that conspiracy among accused to murder deceased-Conviction of accused under section 302 read with 120B on basis of circumstantial evidence by trial court-Acquittal by High Court-Correctness of-Held: High Court has given cogent and satisfying reasons for the acquittal of the accused-Hence, interference with such finding not called/or since Supreme Court would be slow in interfering with the findings of High Court, unless there is perverse appreciation of evidence resulting in miscarriage of justice-Penal Code, 1860-Sections 302 and 120B-Evidence Act, 1872. Penal Code, 1860-Sections 302 and 120B-Evidence Act, 1872-, Sections 3 and 27-Prosecution case that conspiracy among accused to murder deceased-Conviction of one accused under section 302 read with section 120B and also section 302 and imposition of death sentence by trial court-Acquittal by High Court-Correctness of-Held : There is overwhelming evidence to prove his complicity in crime-Recovery of weapon used for causing death of the deceased, evidence of ballistic expert, his two extra-judicial ,. confession, his presence at the place of incident during the relevant period and also his involvement in several criminal cases and offences relating to fire-arms proves the case against him beyond reasonable doubt-Hence, conviction under section 302 justified, however due to long lapse of time sentenced reduced to life imprisonment. According to the prosecution, there was wide spread labour movement by an organisation against the management of various industrial units. Management of various industrial units opposed the labour movement. N - leader of the organisation apprehended serious threats to his life from the industrialists. He made entries in his diary and recorded statement in the cassette with regard to apprehension of danger and also submitted memorandum to the President of India. He also expressed the same to secretary general of PUCL and reporter of India Today. Thereafter, at midnight, he was shot in his quarter. He succumbed to his injuries on the way to the hospital. Investigations were carried out. Post mortem examination was conducted and it was opined that death was due to bullet injuries. Statement of the witnesses were recorded. Diary of N was seized and several articles were recovered. Accused persons were arrested. Ninth accused made extra judicial confession wherein he named A-1, A-2, A-5 and A-6. At the instance of ninth accused 12 bore country made weapon, 13 live cartridges of 12 bore, a foreign made revolver, 6 live cartridges of .38 bore and motor cycle were recovered and were sent for forensic analysis. Pellets recovered from the body of N were also sent. Ballistic expert conducted the examination and submitted the report. Also other incriminating articles were recovered from other accused. Trial Court examined prosecution witnesses. Sessions Judge on basis of the circumstantial evidence acquitted A-6, A-7 and A-8 however, convicted At, A-2, A-3, A-4, A-5 and A-9 for offence under section 302 read with Section 1208 IPC. A9 was also convicted under Section 302 IPC and sentenced to capital punishment and others were sentenced to life imprisonment. High Court acquitted all the accused. Hence the present appeals. |
Judge | Honble Mr. Justice K.G. Balakrishnan |
Neutral Citation | 2005 INSC 46 |
Petitioner | State Of M.p. Through C.b.i. Etc. |
Respondent | Paltan Mallah And Ors. Etc. |
SCR | [2005] 1 S.C.R. 710 |
Judgement Date | 2005-01-20 |
Case Number | 98 |
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