NDLI: Amar Singh Vs. The State (nct of Delhi)

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Penal Code medical evidence
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Indian Penal Code (45 of 1860)
Case(s) Referred	Referred Case 0 Referred Case 1
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Penal Code, 1860 – s.302 r/w. s. 34 – Murder – Prosecutioncase is that when the victim/deceased along with his two brothers,PW-1 and PW-11 was moving on foot towards a taxi stand at about10.00 pm. – Three accused persons attacked the victim with hockeysand a knife – When PW-1 and PW-11 tried to rescue their brother,all the three accused persons brandished their hockeys and knifeand warned that whosoever will come to save victim will also bekilled – Later, victim was taken to hospital and he was declareddead by the doctor – The trial Court convicted the accused personsu/s.302 IPC r/w. s.34 IPC and sentenced them to life imprisonment– Before the High Court, inter-alia, it was contended that theprosecution case was based on eye witness on account of theincident, however, PW-11 and PW-5 did not support the prosecutioncase and thus it was not safe to rely upon the solitary evidence ofthe sole remaining eye witness PW-1 – However, the High Courtfound that the trial Court did not suffer from any infirmity orperversity and dismissed the appeal – On appeal, held: PW-11 andPW-5 turned hostile – The finding of guilt of the accused appellantsis based on sole testimony of eye witness PW-1 – The assailantswere only armed with hockey sticks and a knife and not with anyfirearms – The two brothers (PW-1 and PW-11) present on the spotdid not make slightest attempt to intervene and save their brotherwhen he was getting assaulted – This unnatural conduct againstnatural human behaviour casts a serious doubt of shadow on thepresence of eye witness on the spot at the time of occurrence –Further, doctor who prepared the MLC stated in his evidence thatone dead body was brought in the casualty of hospital by a headconstable, which casts doubts on the prosecution story that twobrothers of deceased accompanied him to the hospital – Also, thereis material discrepancy between ocular testimony and medicalevidence – As there were 15 injuries inflicted on the victim as permedical report and PW-1 stated that whole incident lasted 5 minutes– It is practically impossible to inflict 15 injuries within a shortspan of 5 minutes – This fact coupled with the fact that twobrothers remained mute spectators when the third brother-victim wasbeing assaulted in clear indication that PW-1 was not present onthe spot and not an eye-witness to the incident – Therefore, thereasons given by the Courts below for convicting the appellantsfor the alleged offences are not convincing – The appellants mustbe given benefit of doubt – Thus, the impugned orders of the Courtsbelow are set aside.
Judge	Hon'ble Mr. Justice Krishna Murari
Neutral Citation	2020 INSC 587
Petitioner	Amar Singh
Respondent	The State (nct Of Delhi)
SCR	[2020] 8 S.C.R. 751
Judgement Date	2020-10-12
Case Number	335

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