Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1950: Arts. 136 and 134 1973 : S. 392 Criminal Procedure Code Penal Code: S. 302 Constitution of India 1898: S. 429 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Criminal Law :Criminal Procedure Code, 1973 : Section 392.Offence--Conviction or acquittal-Appeal against-Both the Judges of the Division Bench of the High Court were ill agreement with the conviction of some of the accused person:r-There was difference of opinion in respect of the remaining-Hence, matter referred to third Judge-Held, third Judge not bound by the opinion of the two Judges where there is no difference-Third Judge is required to consider whole of the case independently--Criminal Procedure Code, 1898, S. 429--constitution of India, 195(}-Arts. 136 and 134. Criminal Trial :Wittiness-Eyewitness-Testimony of-Contradiction in-Appreciation of evidence-....Principles of-Enmity between accused and deceased-Held : Possibility of false implication cannot be ruled out-Therefore, to appreciate the evidence of witnesses whole scene has to be reconstructed on the basis of statements of witnesses to ascertain the truthfulness-Penal Code, 1860, S. 302. The appellants along with seven accused persons were convicted by the trial court for offence under Section 302/149 of the Penal Code, 1860 and sentenced to undergo imprisonment for life. However, the Judges of the Division Bench of the High Court were divided in their opinion. The Judges agreed with the conviction of three of the appellants but differed as regards the other seven. Hence the matter was referred to a third Judge under Section 392 of the Criminal Procedure Code, 1973. The Third Judge did not examine the appeals of the three appellants whose conviction was unanimously upheld by the two Judges of the Division Bench as he felt that he was bound by such an unanimous opinion. Ultimately, the third Judge convicted six persons and acquitted the remaining four persons. Hence this appeal. According to the prosecution the appellants and the deceased had previous enmity regarding the purchase of a land. A day before the incident one of the accused persons had come to the house of one P and left a message with his brother to send P and the deceased to the village to settle their dispute. Accordingly, P and the deceased came to the village on two scooters each with a pillion rider, P following the deceased at a little distance. As soon as the scooter of the deceased reached near the field of the appellants, the deceased was signalled to stop his scooter. The pillion rider of the deceased fled from the scene. The appellants then started beating the deceased with swords, pharsa and latlhis (sticks) on his head and body as a result of which the deceased fell dead. P saw the incident for some time before he turned away his scooter along with the pillion rider. While witnessing the incident, the engine of the scooter was running, and P and his pillion rider were able to identify one of the appellants from his shout. |
Judge | Hon'ble Mr. Justice D.P. Wadhwa |
Neutral Citation | 1998 INSC 340 |
Petitioner | Sajjan Singh |
Respondent | State Of Madhya Pradesh |
SCR | [1998] Supp. (1) S.C.R. 316 |
Judgement Date | 1998-09-02 |
Case Number | 137 |
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