Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | causing death of one person and injuries to others (eye-witnesses) 1860- ss. 147 307 Penal Code 427 326 436 435 148 302 324 452 rlw s. 149- Prosecution under- Of 34 accused-Assault by mob |
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- ss. 147, 148, 302, 307, 324, 326,427, 435, 436, 452 rlw s. 149- Prosecution under- Of 34accused-Assault by mob, causing death of one person andinjuries to others (eye-witnesses)- During trial 9 of the eye-witnesses including injured-eyewitnesses turned hostile asregards the identity of the accused persons - The sole eye-witness PW-12 supported the prosecution case - Trial courtconvicted the 8 respondents-accused, while acquitting therest of the accused - High Court acquitted the respondents-accused disbelieving the testimony of PW-12 - On appeal,held: The testimony of PW-12 was natural and devoid of anyexaggeration and the same is corroborated by the recoveryof weapons of offence at the instance of the accused, medicalevidence and other material on record - Therefore, herevidence is reliable and trustworthy- Trial court rightly reliedon the testimony of the sole eye-witness (PW12)- In view ofthe testimony of PW12, out of the 8 accused found guilty bythe trial court, conviction of 6 of them is confirmed, holdingthat prosecution case against them stood completely proved- The other 2 respondents-accused are acquitted giving thembenefit of doubt.Penal Code, 1860 - s. 149 - Common object -Applicability of- In a case of mob violence - Held: Existenceof common object can be ascertained from the attending factsand circumstances - Where assault is opened by a mob offairly large number of people and where it is difficult toascertain as to whether those who had not committed the overtact were guided by the common object, in such situation suchpersons who are not attributed of having done any specificovert act, were not members of unlawful assembly.Evidence - Sole witness - Reliance on - Held:Conviction can be founded on the testimony of a sole witness- However, testimony of such witness must be confidenceinspiring and beyond suspicion and has to be corroboratedby other evidence - Witness.Evidence - Sole witness - Reliance on - In a case ofmob violence - Held: The rule of prudence that in a case ofmob violence there should be more than one eye-witness. does not mean that in such case sole-witness cannot be reliedon, if it is otherwise reliable.Evidence Act, 1872 - s. 27 - Recovery of weapons atthe instance of the accused - Evidentiary value of - If notsupported by testimony of independent panchas - Held: Therecoveries need not always be proved through the depositionof the panchas and' can be supported through the testimonyof the investigating officer. |
Judge | Honble Mr. Justice Uday Umesh Lalit |
Neutral Citation | 2015 INSC 712 |
Petitioner | State Of Maharashtra |
Respondent | Ramlal Devappa Rathod And Others |
SCR | [2015] 11 S.C.R. 357 |
Judgement Date | 2015-09-29 |
Case Number | 1957 |
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