Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Unlawful assembly 149 falsus in omnibus falsus in uno IPC 302 and 326 ss.141 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Prevention of Corruption Act, 1988 (49 of 1988) Indian Evidence Act, 1872 (1 of 1872) Indian Penal Code (45 of 1860) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860 – ss.141, 149, 302 and 326 – Statement ofPW1-son-in-law of one ‘M’, that on 12.03.94 while going to Nangarari with his father, due to darkness they decided to stay at his father-in-law’s house – He stated that his father-in-law shared the dispute between him and the Caste Hindus – On 13.03.1994 at about 7.30 AM, he heard noise when he and his father-in-law came outside to see what happened – A-1 to A-9 were standing with stone sand aruvals (sickles) – A-1 poured the kerosene from tin container and A-2 set fire to the hut of PW1’s father in law – PW1’s father-in-law ran towards backside of the house – Accused hit on his head with the sickle – PW1’s father-in-law died – 24 persons put on trial– Trial court found the charges proved only against accused nos.1-10 and 12-15, acquitting accused nos.11 and 16-24 – High Court acquitted accused nos. 10 and 12-15 by granting them benefit of doubt – On appeal by accused nos.1-9 (8 & 9 died during the pendency of the appeal), held: Presence of the appellants were disclosed in the FIR recorded soon after the occurrence – No reason to hold that the accused-appellants have been implicated falsely –Prosecution witnesses PW1, PW2 and PW3 clearly defined the role of each of the appellants in the occurrence which took the life ofPW1’s father-in-law– Such statement is corroborated by PW5 (PW1’smother-in-law) – Active participation of all the appellants stands proved on record – Both the Courts below found that the appellants had common object in burning the hut of the deceased and also attacking the deceased with aruvals (sickles) in view of the role of the deceased in the affairs of Panchayat against caste Hindus –Appellants other than A-1 and A-2 cannot be treated differently to convict them for the offences u/s.326 r/w. s.149 IPC as all the accused were part of the unlawful assembly which took the life of PW1’s father-in-law in a murderous attack. Penal Code, 1860 – s.141 – Unlawful assembly – Common Object of – Discussed.Maxims –”falsus in uno, falsus in omnibus” – Application of, in India – Held: The maxim has no application in India – Entire testimony of the witnesses cannot be discarded only because, in certain aspects, part of the statement has not been believed –General principle of appreciation of evidence is that even if some part of the evidence of witness is found to be false, the entire testimony of the witness cannot be discarded – Witnesses – Evidence of – General principle of appreciation. Judgments/Orders – Interpretaion of – Discussed. |
Judge | Hon'ble Mr. Justice Hemant Gupta |
Neutral Citation | 2019 INSC 248 |
Petitioner | Mahendran |
Respondent | The State Of Tamil Nadu |
SCR | [2019] 4 S.C.R. 383 |
Judgement Date | 2019-02-21 |
Case Number | 1266 |
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