Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860-ss. 302 and 201 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-ss. 302 and 201 - Prosecution under - Eye-witness to the incident turning hostile - Conviction on the basis of circumstantial evidence and the circumstance in which the eye-witness resiled - Acquittal by High Court - On appeal, held: Acquittal was justified - Prosecution has failed to establish a complete chain of events. Evidence - Circumstantial evidence - Reliance on Held: Conviction can be based on such evidence - Condition precedent for reliance before conviction, discussed. Administration of Justice - Administration of criminal justice - Police protection to witnesses - In a case of murder - Held: Failure to provide police protection to the witnesses in such case would result in injustice to the victim. Respondent-accused was prosecuted for having killed four persons. As per prosecution, there was an eyewitness to the incident, but he turned hostile. Trial court convicted the accused placing reliance on the F circumstances viz. the accused had illicit relation with two of the deceased (mother and daughter, there was objection for the relation with the daughter; mother deceased had made complaint on two occasions regarding threat from accused to kill them; police statement of the eye-witness and the allegation of his being beaten to dissuade him from supporting prosecution case; police dog connecting the accused to the murder; blood stained nail clipping of accused taken immediately after his arrest and recovery of articles at the instance of the accused. He was sentenced to death. High Court acquitted the accused holding that the eyewitness did not support prosecution case and that the circumstances did not establish a complete chain. Death reference was dismissed. Hence the present appeal. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2009 INSC 340 |
Petitioner | State Of Maharashtra |
Respondent | Mangi Lal |
SCR | [2009] 4 S.C.R. 49 |
Judgement Date | 2009-03-06 |
Case Number | 23 |
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