Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Criminal Trial : ~ . Penal Code 1860-Section 302134-Accused along with other persons allegedly causing death of one and hurt to other-Conviction of accused under sections on basis of evidence of prosecution witnesses- |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Criminal Trial : Penal Code, 1860- Section 302/34-Accused along with other persons allegedly causing death of one and hurt to other-Conviction of accused under sections on basis of evidence of prosecution witnesses-High· Court upheld the order-Correctness of-Held: Accused entitled to benefit of doubt since there exist discrepancies in the statements of prosecution witnesses visa-vis First Information Report and Post Mortem Report-No overt act attributed to accused to hold him guilty of sharing common intention to commit the ~ offence-Even exhortation not enough to prove common intention-Also eye witnesses are interested witnesses-Hence order of High Court set aside- Evidence Act, 1872 . Single Judge convicted and sentenced the appellant accused under section 302/34 IPC for sharing common intention with other accused for causing death of S and simple hurt to PW 3. It is alleged that dispute arose between S and other accused persons with regard to a transaction of land/house. Appellant inflicted stick blow on the head of S as a result he fell down and accused no.1 inflicted knife blow on his chest. PW-3 tried to intervene and accused no. 2 inflicted knife injury. Appellant's mother had sickle in her hand. Sand PW-3 were taken to the hospital and S was declared dead. FIR was lodged. Charges were framed. Sessions Judge examined the prosecution witnesses and convicted the appellant under section 302/34 IPC, accused no.1 under section 302 IPC and accused no. 2 under section 302/34 and section 324 IPC, however, he acquitted accused no. 3. High Court dismissed the appeal filed by the 1 appellant and accused no. 1. Appeal of accused no. 2 stood abated since he expired. This Court dismissed the SLP filed by accused no. 1. Thus, the appeal is confined only to the appellant. Appellant - accused contended that there are contradiction and inconsistencies in the deposition of the witnesses and FIR; that the prosecution could not prove beyond any reasonable doubt the role played by appellant in the incident, nor the alleged intention shared by appellant and other co-accused for causing the death of the deceased; and that the doctor failed to note the colour of the wound and the exact place of skull vault where the injury had occurred in the autopsy report. Respondent-State contended that though certain discrepancies exist in the statements of the witnesses' vis-a-vis FIR and the Post Mortem Report, the evidence of the three witnesses, who have proved the prosecution case as against the appellant cannot be discarded. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2005 INSC 56 |
Petitioner | Idrish Bhai Daudbhai |
Respondent | State Of Gujarat |
SCR | [2005] 1 S.C.R. 885 |
Judgement Date | 2005-01-31 |
Case Number | 614 |
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