Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | · 1860: ss. 399 and 402 Penal Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India Indian Evidence Act, 1872 (1 of 1872) Indian Penal Code (45 of 1860) Code of Criminal Procedure, 1973 (2 of 1974) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, · 1860: ss. 399 and 402 - Assembling for purpose of committing dacoity - On information received, police party reached the site with villagers -Arrest of 6 persons - Recovery of unlicenced firearms, cartridges, and other weapons from them - Conviction by trial court under ss.399 and 402 and s.27 of Arms Act - Acquittal by High Court on grounds of discrepancies in evidence of witnesses and non-examination of relevant witnesses and fact that accused were caught without resistance from their side - On appeal, Held:Order of High Court was on consideration of entire material on record and evidence adduced - Thus, no interference warranted in exercise of power under Art. 136 of Constitution -Constitution of India, 1950 - Article 136 - Arms Act, 1959 - s.27. Evidence: Discrepancies in evidence of witnesses - Non-examination of relevant witnesses - Effect of-· Criminal Trial.Code of Criminal Procedure, 1973: ss.374 and 386. Appeal against conviction - Interference by High Court -Scope of. Constitution of India, 1950: Article 136-Acquittal by High Court - Scope of interference |
Judge | Hon'ble Mr. Justice Tarun Chatterjee |
Neutral Citation | 2008 INSC 12 |
Petitioner | State Of U.p. |
Respondent | Punni And Ors. |
SCR | [2008] 1 S.C.R. 85 |
Judgement Date | 2008-01-04 |
Case Number | 463 |
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