Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | S.302 rlw S.34/Evidence Act 1860 1872 S.32: Penal Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) Indian Evidence Act, 1872 (1 of 1872) Indian Penal Code (45 of 1860) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860; S.302 r/w S.34/Evidence Act, 1872;S.32Murder - Accused persons A1 and A2 allegedly thrown acid on face, neck and chest of deceased resulting in his death - Conviction based on dying declaration allegedly tutored by relatives - Correctness of - Held: Prosecution witnesses did not depose in their statement that they witnessed the incident nor the deceased in his dying declaration disclosed names of the accused - Son of the deceased deposed that his father had disclosed names of accused persons in his dying declaration to Magistrate after having tutored by relatives - In cross-examination, he categorically stated that he did not know the persons who poured acid on the face of his father - Oral evidence of eyewitness also did not support the prosecution version - Prosecution witnesses, being relatives of the deceased, are the truthful witnesses whose testimony cannot be doubted - Moreover, neither the Magistrate nor the medical officer made any endorsement on the proceedings of dying declaration that the declarant was in physically and mentally fit state of mind to make the statement - Hence, dying declaration in question not free from doubt and embellishment - Investigating officer also recorded the declaration of the deceased on small chits of paper when he was admitted in the hospital but these chits were not placed on record - Names of accused A 1 and A2 were not disclosed by the deceased even before I.O. - Suppression and withholding of first dying declaration recorded by I. O. by itself creates suspicion and reasonable doubt as to the correctness and truthfulness of the dying declaration - Medical report also reveals that a number of questions raised have not been satisfactorily answered, which precluded implicit acceptance of the dying declaration - Conviction cannot be vested solely on the basis of a doubtful dying declaration - Under the circumstances, Courts below were wrong in convicting accused A 1 and A2 for committing the offence of murder on the basis of weak and slender evidence - A 1 and A2 are entitled to benefit of doubt, hence, acquitted of the charges leveled against them - Directions issued - Code of Criminal Procedure, 1973 - s. 164 - Testimony of relative witnesses - Reliance upon. |
Judge | Hon'ble Mr. Justice Lokeshwar Singh Panta |
Neutral Citation | 2008 INSC 253 |
Petitioner | J. Ramulu |
Respondent | State Of Andhra Pradesh |
SCR | [2008] 3 S.C.R. 413 |
Judgement Date | 2008-02-26 |
Case Number | 758 |
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