Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Dehati Nalishi s.302 r/w s.148 and s.149 IPC Murder Appeal against conviction benefit of doubt |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) Indian Penal Code (45 of 1860) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860: s.302 r/w s.148 and s.149 – Murder – Fifteen person tried for murder – Prosecution case was that the victim-deceased was returning to his village on his motor cycle and was accompanied by two pillion riders, one of them was PW-8 – When they came near their village, victim-deceased was attacked by large number of persons armed with dharia, swords etc. which resulted in his death – Pillion riders managed to escape and informed the father of the deceased about the incident, who then, along with others, reached the spot – On the way, they met PW5 who informed that he witnessed the incident – Police recorded “Dehati Nalishi” at the spot wherein the appellants were not named – Conviction of 7 persons including appellants – Appeal against conviction – Held: The names of the three appellants were absent in the statement of PW-1 as recorded in court – PW-5 and the three appellants belonged to the same area and appellants were known to PW-5 – Having named the other four of the assailants, there was no reason for not giving names of the other assailants if PW-5 had actually identified them at the place of occurrence – There was no plausible explanation given from the side of prosecution as to why the names of the three accused-appellants were missing both in the “Dehati Nalishi” as well as in the statement of PW-5 recorded under s.161 Cr.P.C. – Further, PW-5 again in court did not say that he had identified the three accused-appellants as the assailants – In view of a grave doubt with regard to the presence of appellants at the place of incidence, appellants are entitled to benefit of doubt and are acquitted. |
Judge | Hon'ble Mr. Justice Deepak Gupta |
Neutral Citation | 2019 INSC 482 |
Petitioner | Peer Singh |
Respondent | The State Of Madhya Pradesh |
SCR | [2019] 6 S.C.R. 549 |
Judgement Date | 2019-04-09 |
Case Number | 743 |
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