Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1872-Section 302/Sections 3 and 27. 1860/Evidence Act Penal Code |
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/Evidence Act, 1872-Section 302/Sections 3 and 27. Murder-Charges Framed-Prosecution case-Credibility of- Contradiction between medical evidence and eye witnesses account- Evidence of availability of some bones at the place of occurrence not placed before the post mortem doctor for examination-Inconsistency between the date of the disclosure statement and the arrest of one of the accused-No independent witnesses to all the disclosures, discoveries and arrest-All eye witnesses relatives of the deceased-Trial Court finding the evidence trust worthy convicted all the accused-High Court acquitted one of the accused giving him benefit of doubt and convicted the others-In the cross appeals, held, High Court rightly acquitted one of the accused but erred in not considering the evidence available on record in its proper perspective. Criminal Trial: Medical evidence and eye witness account-Contradiction between. Post mortem report-Significance of-Report alone not substantive piece of evidence-Significance of evidence of doctor conducting post mortem lies vis-a-vis injuries appearing on the deceased 's body and the use of weapon- Has to be corroborated from other prosecution witnesses.According to the prosecution, when the complainant and the deceased were together, two accused persons fired shots at the deceased on exhortation of the other two accused persons. Immediately, accused persons wrapped the deceased body in the blanket, put it in the jeep and went away. Thereafter, on the statement of the complainant, FIR was registered. Accused persons were charged under Section 302 IPC read with 201 IPC. Trial Court convicted one of the accused under Section 302 IPC and all others under Section 302/149 and sentenced them to imprisonment. High Court acquitted accused-respondent in the first appeal and upheld the conviction and sentence of all the others. Hence these cross appeals. |
Judge | Hon'ble Mr. Justice U.C. Banerjee |
Neutral Citation | 2002 INSC 25 |
Petitioner | State Of Haryana |
Respondent | Ram Singh |
SCR | [2002] 1 S.C.R. 208 |
Judgement Date | 2002-01-15 |
Case Number | 78 |
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