Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860 - s. 302 Penal Code |
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 - Murder - Prosecution - Eye-witnesses to the incident- Their names mentioned in FIR - FIR lodged within reasonable time - Recovery of weapon of offence at the instance of the accused - Conviction by courts below - On appeal, held: Prosecution case proved Accused liable to be convicted - The witnesses were independent - The case cannot come within purview of s. 304 D /PC in view of the nature of injuries caused. Appellant-accused was prosecuted u/s. 302 IPC for having caused death of one person. Weapon of offence was seized at the instance of the accused. During trial 4 out of 7 eye-witnesses turned hostile. Trial court convicted the accused, placing reliance on eyewitnesses and other PWs. High Court confirmed the conviction. In appeal to this court appellant-accused contended that prosecution has failed to prove its case in view of the facts that there was no motive; that two of the witnesses could not be termed as eye-witnesses and their names were also not mentioned in FIR; that there was no blood-stain on the seized weapon. Alternatively it was contended that only an offence u/s.304 (Part II) IPC .,, was made out. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2009 INSC 426 |
Petitioner | Onkar Lal |
Respondent | State Of Madhya Pradesh |
SCR | [2009] 5 S.C.R. 195 |
Judgement Date | 2009-03-31 |
Case Number | 323 |
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