Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Murder Case - Re-appreciation of evidence - Two possible views - Prosecution case that the victim was shot at on the indication/ instruction of appellants-accused |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Criminal Law: Murder Case - Re-appreciation of evidence - Two possible views - Prosecution case that the victim was shot at, on the indication/ instruction of appellants-accused - Trial court acquitted appellants - High Court after re-appreciating the evidence set aside the order of acquittal of appellants - On appeal, held: While entertaining an appeal against acquittal, if two views are possible on appreciation of evidence the view in favour of the accused has to be given importance - In case an order of acquittal has been made 011 improper and erroneous appreciation of evidence, it is always open to the court of appeal to make proper and reasonable appreciation of evidence and differ from the order of acquittal - On facts, discarding of evidence by the trial court was on flimsy grounds and based on surmises and conjectures which was correctly re- appreciated by the High Court - High Court after re-appreciating the evidence rightly came to the conclusion that the occurrence as well as participation of appellant was proved - Penal Code, 1860 - s.302 rlw s.34, s.212 - Arms Act - ss. 25, 27 - Code of Criminal Procedure, 1973 - s.164. FIR - Ante-dated and ante-timed FIR - Allegations of - Held: On facts, PW-29, AS! proved the FIR and also his signature thereon - He denied the suggestion that the FIR was written subsequently - Thus, no case of ante-dating of the FIR - Further, no inconsistencies in the FIR so as to come to the conclusion that the FIR was ante- timed. FIR - Delay in dispatching FIR from Police Station to Magistrate - Effect of - Held: It is only extraordinary and unexplained delay, which may raise doubts regarding the authenticity of the FIR - In the present case, where recording of FIR itself has been proved and accepted by the trial court also, mere delay in dispatch of the FIR from the police station to the Magistrates' court has no bearing on the basis of which any adverse presumption can be drawn: A Investigation - Criminal investigation - Held: Receipt and the recording of FIR is not a condition precedent for setting in motion of criminal investigation - On facts, when information was received that the victim was shot dead, police was duty bound to start investigation. |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2016 INSC 1062 |
Petitioner | Anjan Dasgupta |
Respondent | The State Of West Bengal & Ors. |
SCR | [2016] 12 S.C.R. 90 |
Judgement Date | 2016-11-25 |
Case Number | 298 |
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