Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860: Section 302 r/w 34 Penal Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860: Section 302 r/w 34-Murder-Prosecution of five accused-Non- examination of independent witnesses. Contradictory statement of PWs - Failure to hold identification parade-Trial court convicted the accused appellants and acquitted other accused on the same set of evidence- Conviction confirmed by High Court- On appeal-Held, conviction unjustified-Benefit of doubt should be given to the appellants-accused, since prosecution failed to prove its case beyond reasonable doubt. Appellants along with three others were prosecuted for committing murder. As per the prosecution, murder incident was the result of an incident of altercation between the deceased and the accused. PW-5, a neighbour and friend of the deceased and PW-6, a colleague of deceased's father were the witnesses to the altercation incident. The murder incident was witnessed by PW-1, brother of the deceased and PW-2. One 'M', another eyewitness to the murder who had also played important role in investigation of the case and One 'S' who had taken the deceased to the hospital, were not examined. No identification parade was held. Defence suggested that since father of the deceased was a police official, investigating agency had gone out of the way to make out a cast against the appellants and other accused to solve an undetected crime. It also suggested to PW-1 that he could not have identified A1 because he was not known to him, and that he had not mentioned his particulars in the complaint while in respect of other accused he had done so. To the suggestion, PW-1 had replied that he had seen A1 in one of his visits to the factory where A1 was employed. Sessions Judge convicted the appellant-A1 u/s 302 IPC and appellant A2 u/s 302 r/w Section 34 IPC, and acquitted the rest of the accused partly relying on the evidence of PWs 1 and 2. On appeal High Court confirmed the judgment of the trial court. In appeal to this Court, appellants contended that in view of absence of explanation with regard to material contradictions in the prosecution case and with regard to failure in examination of' S' and 'M' prosecution case was unacceptable; and that the case of the appellants could not have been distinguished from those of the other accused on the set of the same evidence and that the Sessions Court wrongly gave benefit to the prosecution. |
Judge | Hon'ble Mr. Justice N. Santosh Hegde |
Neutral Citation | 2002 INSC 70 |
Petitioner | Chander Pal |
Respondent | The State Of Haryana |
SCR | [2002] 1 S.C.R. 872 |
Judgement Date | 2002-02-07 |
Case Number | 825 |
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