Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Eye witnesses 352 IPC Section 302 r/w 34 Testimony medical evidence |
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 r/w 34 and s. 452 - Prosecution case that victim beaten mercilessly with iron rod, iron pipe and lathis by each of the accused, resulting in his death — Incident took place in the night in a remote village where sufferers of the incident were widow and her two minor children — Conviction and sentence u/s. 302/34 and s. 452. Set aside by High Court — On appeal, held: High Court not justified in interfering with the order of conviction ~ Eye - witnesses account of the witnesses-wife, minor children and others, convincing and corroborative as regards the occurrence — Testimony of the said witnesses should not be discarded solely on the ground that they were related to the deceased — Recoveries of the weapons, medical evidence and FSL reports supported the prosecution case — Furthermore, the plea that there was delay in lodging of the FIR cannot be accepted — Thus, the judgment of the High Court is set aside and that of the trial court is restored — Evidence — Witnesses. |
Judge | Hon'ble Mr. Justice Fakkir Mohamed Ibrahim Kalifulla |
Neutral Citation | 2014 INSC 614 |
Petitioner | State Of Rajasthan |
Respondent | Chandgi Ram & Ors. |
SCR | [2014] 13 S.C.R. 1121 |
Judgement Date | 2014-09-09 |
Case Number | 937 |
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