Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860- s.304 (Part I) -Arms Act Penal Code 1959- ss. 3 and 25 - Prosecution for causing death of one person - Conviction u/s.302 IPC and uls.3 rlw s.25 of Arms Act-High Court converted the conviction u/s. 302 to one u/s.304 (Part/)- Cross appeals by the State as well as the accused- Held: There was no delay in lodging the FIR- Delay in receipt of special report by the Magistrate is not fatal to prosecution D case - Eye-witnesses to the incident were reliable and trustworthy- On collective conside |
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.304 (Part I) - Arms Act, 1959 - ss. 3 and 25 — Prosecution for causing death of one person— Conviction u/s.302 IPC and u/s.3 r/w s.25 of Arms Act — High Court converted the conviction u/s. 302 to one u/s.304 (Part |) — Cross appeals by the State as well as the accused — Held: There was no delay in lodging the FIR— Delay in receipt of special report by the Magistrate is not fatal to prosecution case — Eye-witnesses to the incident were reliable and trustworthy — On collective consideration of facts of the case, prosecution case cannot be doubled — Order of High Court upheld — Code of Criminal Procedure, 1973 — s.157.Code of Criminal Procedure, 1973 — s.157 — Delay in transmitting the special report to Magistrate — Effect of — Held: The purpose of “forthwith” communication of special report to Magistrate is to check the possibility of manipulation ~ if there is no delay in lodging FIR, delay in communicating special report to Magistrate would be of no consequence, since manipulation of FIR would then get ruled out — There is no universal rule that whenever there is delay in sending special report to Magistrate, prosecution version becomes unreliable. Test Identification Parade — Not conducting of — Effect of, on prosecution case — Held: If witnesses of the case are trustworthy and reliable, mere not conducting of the Parade would not, by itself, be reason for discarding the evidence of those witnesses |
Judge | Hon'ble Mr. Justice Madan Bhimarao Lokur |
Neutral Citation | 2015 INSC 828 |
Petitioner | State Of Rajasthan |
Respondent | Daud Khan |
SCR | [2015] 13 S.C.R. 1131 |
Judgement Date | 2015-11-04 |
Case Number | 126 |
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