Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Code of Criminal Procedure, 1973:S.3?8 r/w Article 136 of the Constitution -Appeal against acquittal - Scope of - Discussed - Keeping in view the c material infirmities and contradictions in evidence of witnesses and discrepancies in ocular version and medical evidence, High Court rightly acquitted the accused - Penal Code, 1860 - s. 302 Evidence Ocular version vis-a-vis medical evidence -: . Constitution of India - Article 136. The respondent along with another, namely, 'V'. was charged with the offence of murder. The prosecution case . was that when the complainant (PW-3) along with his brother-in-law. and others were going to deliver milk, on the way, the accused armed with pistols and knife came out of the fields, caught hold of the brother-inlaw of PW-3, took him into the fields and fired at him from their pistols. The respondent also inflicted knife injuries to him. The victim succumbed to the injuries. On the alarm raised by, PW-3, so.me persons from the nearby village came there and t.he accused fled away. The motive for the murder.was. told, to be the dispute over a tractor., During the pendency of the trial, accused 'V' died. The trial court convicted the respondent of the offence charged and sentenced him to imprisonment for life. The High Court having acquitted the respondent, the State filed the appeal. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2009 INSC 256 |
Petitioner | State Of U.p. |
Respondent | Dinesh |
SCR | [2009] 2 S.C.R. 1175 |
Judgement Date | 2009-02-25 |
Case Number | 1271 |
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