Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Murder Criminal appeal Minor contradictions |
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.302 - Murder caused by gun-shot - Conviction by trialcourt - Acquittal by High Court - Held: Husband of deceased has clearly deposed to have seen the accused firing at hiswife -- Nephew of deceased (informant) has stood by hisearlier version -~ They are the most natural witnesses andthere is no reason that they would falsely implicate theaccused - Besides, in the instant case, abscondence of the accused gains significance - Non-examination of the treatingdoctor at Primary Health Centre does not affect theprosecution case -- When there is ample unimpeachableocular evidence and the same has been corroborated bymedical evidence, non-recovery of the weapon does not affect prosecution case - Judgment of acquittal passed by HighCourt being wholly unsustainable, is set aside and convictionrecorded by trial court, restored - Investigation - Evidence.APPEAL:Criminal appeal - Power of appellate court - Held:Appellate court has full power to review at large all theĀ·evidence, and to reach the conclusion that upon the saidevidence, the order of acquittal should be reversed.EVIDENCE:Appreciation of evidence - Minor contradictions andinconsistencies - High Court setting aside the conviction andacquitting the accused by referring_ to some discrepancies - |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2013 INSC 525 |
Petitioner | Mritunjoy Biswas |
Respondent | Pranab @ Kuti Biswas And Another |
SCR | [2013] 7 S.C.R. 1105 |
Judgement Date | 2013-08-08 |
Case Number | 378 |
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