Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | FIR Common intention Independent witness Recovery evidence |
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 rlw s.34 - Murder- Common intention - Death caused by firing gunshots - Four accusedincluding the appellants - Conviction of second appellant withthe aid of s.34 - Challenged - Held: All the four accusedopened fire towards the deceased, who started to run and afterthe initial firing, two of the accused continued to fire pursuant to which the deceased fell down and finally, one of themensured that the deceased lost his breath - Therefore,invoking of s. 34 /PC against the second appellant fullyjustified.Code of Criminal Procedure, 1973 - s.157 - Delay in sending FIR to the Magistrate - Alleged violation of s. 157 -Held: Mere delay in sending the FIR to the Magistrate by itselfwill not have any deteriorating effect on the case of theprosecution, unless serious prejudice was demonstrated tohave been suffered as against the accused.Evidence - Witnesses - Independent witness -Gruesome murder in broad daylight - Two eye-witnesses,PWs 1 and 3, who were close relatives of the deceased - Non-examination of independent witnesses - Held: Not fatal in the facts and circumstances of the instant case - WhenInvestigating officer approached the witnesses other thanPWs 1 and 3, none of them were prepared to come and giveevidence in the Court and they were not even prepared todisclose their names - Having regard to the background of the accused party who were notorious criminals, none of themwere prepared to risk their life and give evidence in the Court- Mere non-examination of independent witnesses inabsence of any lacuna in the evidences of P. Ws. 1 and 3, notdisastrous to the case of the prosecution.Evidence - Recovery evidence - Deceased stopped bythe accused persons when he was travelling in a motorcycleand then done to death - Non-recovery of the motorcycle -Effect - Held: On facts, no fault can be found with theprosecution on that score - According to the prosecution, themotorcycle was stealthily removed by the accused aftercommitting the crime - PWB stated that the vehicle wasdismantled and disposed of in Kabarkhana - Moreover, it wasbrought out in evidence through PW1, as well as PW3 andthe injury found on the body of PW1 as mentioned by theDoctor who examined him viz., PW2 that the injuries sustainedby PW1 were due to his fall from a running motorcycle. |
Judge | Hon'ble Mr. Justice Fakkir Mohamed Ibrahim Kalifulla |
Neutral Citation | 2013 INSC 407 |
Petitioner | Sheo Shankar Singh |
Respondent | State Of U.p. |
SCR | [2013] 8 S.C.R. 1100 |
Judgement Date | 2013-07-02 |
Case Number | 1020 |
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