Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 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 r/w 149 and 148 - Three c members of a family done to death - Death caused due to gun-shot injuries - At the relevant time, deceased and PW1 were travelling in a bullock-cart - Trial Court convicted the accused-respondents - Conviction set aside by High Court on the premise that the evidence of PWs did not inspire confidence Justification of - Held: On facts, justified - From evidence of PWs, it is clear that they could not have witnessed the occurrence as claimed and they also changed the place of occurrence and the manner in which the alleged occurrence took place - The witnesses were shifting their version almost at every stage - Veracity of the prosecution version was doubtful - If PW 1 was driving the bullock cart, as claimed, it remained unexplained as to how he did not suffer any injury while those sitting behind him in the bullockcart sustained serious injuries resulting in their death - lo' Judgment of High does not suffer from any infirmity to warrant interference.According to the prosecution, three members of a family were done to death by the accused-respondents. The respondents allegedly fired gun-shots at the G deceased while they alongwith PW1 were travelling in a bullock-cart. The trial court convicted the respondents under ss.148 and 302 r/w s.149 IPC. Olil appeal, the High Court set aside the conviction on the premise that the evidence of PWs1 and 3 did not inspire confidence. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2009 INSC 540 |
Petitioner | State Of U. P. |
Respondent | Mangal Singh & Ors. |
SCR | [2009] 6 S.C.R. 388 |
Judgement Date | 2009-04-16 |
Case Number | 334 |
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