Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | gunshot injury beyond reasonable doubt |
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:s. 302134 - Death of victim by gunshot injury - Out of 14accused, 13 acquitted by counts below - Conviction ofappellant and sentence of life imprisonment - Held: Out ofthe two brothers of deceased, evidence of one was disbelievedby High Court as he made inconsistent statements u/s 161 Cr.P. C. and before court - The other brother introducednames of other accused persons whom he did not name inFIR - There was also no explanation as to the discrepancyin the father's name of appellant, though he was a neighbour- Besides, there was no recovery of gun used in the crimeor of any pellet - Courts below, having disbelieved the entirecase of prosecution as regards 13 out of 14 accused, on thebasis of the same evidence should not have convicted theappellant when there was no clinching evidence orincriminating circumstance against him - Further, appellant did not abscond, which fact proves his defence that he hasnothing to do with the crime - Prosecution has failed toestablish its case beyond reasonable doubt - Conviction andsentence imposed on appellant, set aside. |
Judge | Honble Mr. Justice P. Sathasivam |
Neutral Citation | 2013 INSC 516 |
Petitioner | Sadananda Mondal |
Respondent | State Of West Bengal |
SCR | [2013] 7 S.C.R. 854 |
Judgement Date | 2013-08-05 |
Case Number | 1555 |
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