Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Murder Official witnesses |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860 - ss. 302 & 1861332 - Murder -Prosecution version that country-made pistol was fired by theaccused that caused injuries to the deceased - Tenability - Held: Tenable - Deceased and the accused were grapplingwith each other - Country~made pistol seized from accused,which was in working order - Prosecution version that all of asudden, the accused brought out his country-made pistol andfired from close range clearly established by evidence - Defence plea that while grappling, the position changed andbullet fired from the service revolver of PW-8 hit deceased notacceptable - No material to prove that gun shot was fired fromthe weapon of PW-8 - Evidently, the shot was fired from thecountry-made pistol seized from the custody of accused- appellant - Arms Act, 1959- ss.25 and 27Evidence - Witness - Official witnesses - Testimony ofpolice official - Appreciation - Held: Witnesses from thedepartment of police cannot per se be said to be untruthfulor unreliable - It would depend upon the veracity, credibility and unimpeachabi/ity of their testimony - It cannot be saidthat the whole case should be thrown overboard because ofnon-examination of independent witness and reliance on theofficial witnesses - On facts, the official witnesses examinedin support of the prosecution, stood embedded in their version - Despite searching cross-examination, none of the witnessesgave way to any tergiversation, thus, no reason to discardthem. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2013 INSC 390 |
Petitioner | Pramod Kumar |
Respondent | State (gnct) Of Delhi |
SCR | [2013] 8 S.C.R. 323 |
Judgement Date | 2013-07-01 |
Case Number | 562-563 |
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