Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Pena/ Code 386 and 324 Code of Criminal Procedure 1860-Sections 302 1973-Section 313. 452 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Case Allowed |
Headnote | Criminal Trial: Murder case-Examination of witnesses-Trustworthiness-Witnesses though interested can be relied upon provided the evidence available on record leads to the guilt of the accused-Independent witness-Availability or non-availability needs to be recorded-Reason has to be furnished for non-examination of independent witnesses. Appreciation of Evidence-Article 136-In the event of winks of doubt, the Court in the interest of justice, can re-appraise evidence before recording its concurrence with the findings, challenged in the appeal under Article 136 of the Constitution-Held, Burden of the prosecution to prove beyond all reasonable doubts has not been discharged, there are lacunae in the evidence and in the totality of circumstances, the prosecution case raises a definite doubt in the matter of involvement of accused-Hence accused acquitted-Penal Code, 1860-Sections 302, 452, 386 and 324, Code of Criminal Procedure, 1973-Section 313.According to the Prosecution, respondent-complainant when returned to his house in the night, found the door of his house closed from inside. As there was no response even after knocking the door, he peeped through the glass pane and saw the body of his father lying smeared with blood. Therefore he knocked the door with force when accused came towards the door with 3 months' old child of the complainant in one hand and knife in the other hand. Accused opened the latch fitted inside the door to come out, respondent entered the room and shouted at him. On seeing the respondent inside the room, accused bolted the door again and demanded a sum of Rs. 5 lacs as ransom failing he will kill the child. While complainant was grappling with accused, his child fell on the ground. At that moment, younger brother of the complainant pushed the door forcibly and opened it. Accused allegedly injured the complainant and his younger brother. Complainant's younger brother snatched the dagger type hacksaw blade from accused to save the life of his brother. At that time complainant shouted "Mar Diya Mar Diya", the accused inflicted injuries on the younger brother of the complainant and getting himself freed, ran away. However, on hearing the noise of 'S' one of the residents of the colony, B arrived at the gate of the house and caught hold of the accused. In the meanwhile complainant and his younger brother went inside the room and found their parents and wife of the complainant lying dead and another brother lying seriously injured in a pool of blood, who died subsequently. Accused immediately informed the police over phone. On receiving information, police reached the spot and accused along with blood stained weapon was handed over to police. Police recorded the statement of complainant and registered F.I.R. at 9.15 a.m. on the same day. The prosecution alleged accused as the murderer. The prosecution's definite evidence was that one part of the hacksaw blade was used in the commission of crime whereas other part was recovered on the basis of disclosure statements. Accused faced trial along with his father before the Sessions Court under Section 302, 452, 386 and 324 I.P.C. in Sessions Case No. 3/96. The Sessions Court found accused guilty of offence under Ss. 452, 324 and 302 I.P.C and sentenced him to death. It, however, acquitted father of the accused. The death reference came before the High Court for confirmation. High Court upon consideration of material declined to confirm the death sentence and modified the same to life imprisonment under Section 302 I.P.C. Aggrieved, the accused moved this Court in appeal against the order of conviction and sentence. Complainant and the State have also preferred appeals against the order of acquittal/ modification of sentence. It was contended for the appellant-State that complainant and his younger brother had a providential escape and in the event of accused being let off he would not only be a meance but a danger to complainant and his family, as also to the Society; that the recovery of blood stained clothes from the body of the accused and the fact that the accused left his car at a distance and came to the place of occurrence on a rickshaw, and the discovery of a piece of sharpening stone which was said to have been used to sharpen the blunt edges of the hacksaw blade, which looked like a knife highlight and emphasise the deliberate motive and the intent to commit the offence of murder. Dismissing the appeals filed by the complainant and the State and allowing the appeal filed by the accused the Court. |
Judge | Hon'ble Mr. Justice U.C. Banerjee |
Neutral Citation | 2002 INSC 60 |
Petitioner | Deepak Kumar |
Respondent | Ravi Virmani And Anr. |
SCR | [2002] 1 S.C.R. 786 |
Judgement Date | 2002-02-01 |
Case Number | 927 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |