Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Murder and other offences-Conviction by Trial Court |
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; Sections 34, 302, 304 and 452:Murder and other offences-Conviction by Trial Court-Reversed byHigh Court doubting the testimony of prosecution witness on contradictionand improvements in the evidence, and in identification of accused as alsodifference between ocular and medical evidence~n appeal, Held, sincestatement of husband of the deceased regarding availability of light at thetime and place of incident was corroborated by Investigating Officer, conclusionas to absence of light and doubting the. identification/recognition of accusedby the prosecution witness could not be drawn-When improvements andcontradictions are minor and natural, truthfulness of the evidence/witnesscannot be doubted-Testimony of evidence of medical officer must not be read .in isolation but should be read as a whole-Evidence Act, 1872.Appeal against acquittal-Power of the Supreme Court to interfere-Limitation-Held: when miscarriage of justice results due to erroneousappreciation of evidence by the High Court, it is necessary to interfere. |
Judge | Honble Mr. Justice Y.K. Sabharwal |
Neutral Citation | 2003 INSC 113 |
Petitioner | State Of U.p. |
Respondent | Premi And Ors. |
SCR | [2003] 2 S.C.R. 266 |
Judgement Date | 2003-02-20 |
Case Number | 486 |
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