Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Medical evidence Proximity of shot Murder Nature of gunshot wound Indian Penal code 1860 value of Assessment |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Murder —Nature of gunshot wound—Proximity of shot— Medical evidence—Consideration—Witnesses—Evidence—value of—Assessment— Doctor's evidence —Cross-examination —No challenge —Indian Penal Code, 1860 (46 of 1860), s. 302.The appellant was tried and convicted for murder and sentenced to death. Two eye witnesses testified that he shot and killed the deceased from a shop while the later was passing on a motor cycle. The doctor who conducted the post-mortem gave evidence that the shot might have been fired from a distance of three or four feet. This evidence was not challenged in cross-examination. On appeal to the High Court the conviction and sentence were confirmed. The appeal came up before the Supreme Court by way or special leave.The main contention on behalf of the appellant was that the characteristic of the wound which would have shown that the deceased was shot from a distance of few inches and not from the distance stated by the witnesses were not taken into consideration by the High Court. It was contended that if the High Court had considered these factors the credibility of the witnesses would have become doubtful. Held, that the nature and features of the fatal wound should ordinarily be taken into consideration in assessing the value of the evidence of the eye witnesses. On consideration of all the features of the wound as described by the doctor the conclusion is reached that the doctor’s opinion, which was not challenged in cross-examination, that the shot was fired from a distance of three to four feet is correct. |
Judge | Hon'ble Mr. Justice K.C. Das Gupta |
Neutral Citation | 1962 INSC 173 |
Petitioner | Sewa Singh |
Respondent | State Of Punjab |
SCR | [1963] 2 S.C.R. 545 |
Judgement Date | 1962-04-27 |
Case Number | 60 |
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