Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860- s.302 rlw s.34 - Murder -Appeal against the acquittal by trial court - Scope for interference - Appellants and victim-deceased were neighbours |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Penal Code, 1860- s.302 r/w s.34 - Murder -Appeal against the acquittal by trial court - Scope for interference - Appellants and victim-deceased were neighbours - There was enmity between them - Prosecution case that after a heated exchange, appellants chased down the deceased and assaulted him with weapons - When accused were chasing deceased, his wife (PW-13) and daughter (PW-2) had followed them and had witnessed the assault - PW-2 took deceased to the hospital where he succumbed to the injuries - Trial court acquitted all the accused - High Court, however, convicted the appellants and two others u/s.302 r/w s.34 /PC - On appeal, held: Per Prafulla C. Pant, J.: Both PW-2 and PW-13 had described the blows inflicted in their presence, when they reached the spot and their conduct following the deceased was natural - Truthfulness of fact that deceased was taken to hospital by PW-2 is corroborated from the evidence on record of PW-3, auto rickshaw driver who took deceased to !he hospital mid same cannot be doubted only for reason that name mentioned in hospital records was of different person and no. of PW-2 - Further; FIR was prompt - PW-2 and PW-13 stated that appellant had il?flicted blow in groin area but there was no injury on the said part/ of body, however, same not a reason to disbelieve the statements since a living human being is not expected to remain motionless while being inflicted with blow after blows - Further ocular evidence of the two witnesses corroborated from the same blood group found 011 stained clothes, earth sample and weapons recovered from appellants - Therefnot PW-2, who was not examined by the prosecution - PW-3 has been disbelieved both by the trial court and the High Court. but was a key witness on behalf of prosecution and his version destroys the version of two interested eye-wit11esses PW-2 and PW-13 in as much as he specifically states that neither witness was present at the Jpot when actual assault leading to murder took place - High Court 8 wrongly states that mentioning of injury at the iliac region of deceased give strong credence to story of PW-2, here again. iliac region being region at the backside, there is, in fact, no injury near groin - Insofar as blood group is concerned, blood group of both the appellants and of deceased is of same group 'B ',so it would not necessarily lead to the conclusion that the appellants were there, c given the fact that blood of deceased is also of group 'B ', in any case, this factor cannot alone outweigh other factors pointed out by trial court - Thus, for all these reasons the judgment of High Court reversed and both appellants-accused acquitted. |
Judge | Hon'ble Mr. Justice Prafulla Chandra Pant |
Neutral Citation | 2017 INSC 250 |
Petitioner | Ganesh Shamrao Andekar & Anr. |
Respondent | State Of Maharashtra |
SCR | [2017] 5 S.C.R. 277 |
Judgement Date | 2017-03-30 |
Case Number | 547 |
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