Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860 |
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: s.302 -Appeal against conviction - Plea of delay in lodging FIR, non-explanation of injuries on accused and eye-witnesses being related - Held: Police did not lodge FIR immediately and gave greater attention to ensure prompt treatment to injured persons - Therefore, delay of few hours would not vitiate prosecution case - Accused never brought on record nature of injuries sustained by them - In the absence of injury report and in view of the facts, it cannot be urged that prosecution tried to suppress the genesis of the case - Deceased was cousin of accused - Occurrence took place within the house at the instance of close relatives and therefore relations were likely to be most appropriate witnesses- Concurrent findings of guilt by courts below against E the accused do not warrant interference - FIR - Evidence - Related witness CONSTITUTION OF INDIA, 1950:Article 136 - Consideration weighing with Supreme Court while deciding State's appeal against acquittal by High Court vis-a-vis concurrent findings by courts below about guilt of accused - Held: In a case leading to an appeal against acquittal, Court is to consider whether the view taken by the High Court was possible - But that is not the position where G there are concurrent findings of guilt against the appellant - Criminal Law. Prosecution case was that appellant and accused 2 came to the house of complainant and assaulted his father and brother with a knife. Due to knife blow, complainant's father died on the spot. The trial court ordered conviction of appellant and accused 2 under -t s.302 IPC. High Court affirmed the same. In the instant appeal, it was contended for the appellant that there was delay in lodging FIR; that the injuries on the accused persons were not explained; and that the eyewitnesses were relatives and their evidence was not reliable. |
Judge | Hon'ble Mr. Justice A.K. Ganguly |
Neutral Citation | 2009 INSC 385 |
Petitioner | Hari |
Respondent | State Of Maharashtra |
SCR | [2009] 4 S.C.R. 1012 |
Judgement Date | 2009-03-23 |
Case Number | 669 |
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