Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 324 and 302 - Quarrel between the President of Village Panchayat and accused over some road repair work - Accused formed unlawful assembly 1860 - ss.143 abused and beat the deceased with dangerous weapons resulting in his death - Accused charged for offences punishable u/ss. 143 the High Court acquitted accused no. 1-10 as also upheld acquittal 32~ acquittal of accused no.11 - In appeal Penal Code 504 302 - Conviction of accused no.1-10 148 324 however 147 114 323 |
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.143, 147, 148, 504, 114, 323,324 and 302 - Quarrel between the President of VillagePanchayat and accused over some road repair work -Accused formed unlawful assembly, abused and beat thedeceased with dangerous weapons resulting in his death -Accused charged for offences punishable u/ss. 143, 147, 148,504, 114, 32~, 324, 302 - Conviction of accused no.1-10,however, acquittal of accused no.11 - In appeal, the HighCourt acquitted accused no. 1-10 as also upheld acquittal ofaccused no. 11 - Interference with- Held: No compelling andsubstantial reasons to interfere with the judgment passed bythe High Court - Prosecution failed to impute motive uponthe accused- Evidence of the eye-witnesses was doubtful-They were interested and partisan witnesses- The only non-partisan and chance witness, turned hostile - Prosecutionfailed to examine any independent witness even though theincident occurred in broad day light with number ofneighbours around - Presence of the injured witnesses isalso disputed- There was delay in lodging FIR as also delayin sending the seized articles to FSL and in writing the post-mortem report - There was non-explanation of material· irregularities by the prosecution - Thus, prosecution failedto prove its case beyond reasonable doubt against accusednos. 1-10 - High Court was justified in doubting the veracityof the prosecution case and the order of acquittal does notsuffer from the vice of perversity-As against accused Nos. 11and 12, alibi is sufficiently proved. |
Judge | Hon'ble Mr. Justice Pinaki Chandra Ghose |
Neutral Citation | 2015 INSC 776 |
Petitioner | K.a. Kotrappa Reddy And Anr. |
Respondent | Rayara Manjunatha Reddy@n.r. Manjunatha & Ors. |
SCR | [2015] 12 S.C.R. 1042 |
Judgement Date | 2015-10-15 |
Case Number | 774-776 |
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