Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 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: s.302- Conviction under- Gun shot c hitting head of deceased resulting in his death - Applicability of s.302, challenged on the ground that only one shot was fired - Held: Though one pellet was recovered and there was only one injury, but that would not take the offence out of the purview of s.302 as it was established that the accused aimed at the head of the deceased and fired the shot from a close . range which hit him on his head - s.302 was applicable to facts of the case. Evidence: Testimony of related/interested witnesses Reliability of - Held: When there is a/legation of interestedness, the same has to be established - Mere statement that being relatives of the deceased they are likely to falsely implicate accused cannot be ground to discard the evidence which is otherwise cogent and credible. Prosecution case was that complainant along with deceased brother and others were standing in a queue to cast vote. The accused, constable challenged his brother and abused him and fired a shot from his rifle. The shot hit head of deceased and he died. The trial Court placing reliance on the evidence of the eye witnesses recorded the conviction under s.302 IPC. High Court upheld conviction.In appeal to this Court, appellant contended that so called eye witnesses were related to the deceased and therefore their evidence should not have been relied upon and that one shot was fired and therefore Section 302 was not applicable. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2009 INSC 283 |
Petitioner | Joginder Singh |
Respondent | State Of Punjab |
SCR | [2009] 3 S.C.R. 714 |
Judgement Date | 2009-02-27 |
Case Number | 406 |
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