Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | did not allow the injured to be taken to hospital for about 3 hours his father Penal Code 1860 - s.302 rlw s.149 - Murder - Prosecution case that the accused persons armed with various weapons attacked complainant brother and mother-in-law and after inflicting injuries |
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 r/w s.149 - Murder - Prosecution case that the accused persons armed with various weapons attacked complainant, his father, brother and mother-in-law and after inflicting injuries, did not allow the injured to be taken to hospital for about 3 hours - Consequently, complainants brother died - Trial court convicted accused-appellants u/ss. 302 r/w. 149 and sentenced them to life imprisonment - Appeal dismissed by High Court - Appellants contended that complainant had mentioned name of only five accused persons in FIR, whereas charge sheet was submitted against twelve accused and further, there were contradictions in evidence of eye-witnesses - Held: FIR from the beginning itself mentions that the number of accused persons were twelve, although mentions name of five persons only - During investigation, names of seven others had surfaced and charge sheet was submitted against twelve accused - Informant clearly mentioned in his cross- examination that he had told the name of other seven accused as well to the writer of FIR as he is illiterate - No substance in the plea that since other accused were not mentioned in the· FIR except five, others could not have been convicted - Further, all the eyewitnesses, in their statements had assigned the role of all the accused of causing injuries - Two independent witnesses also proved · the incident and role of accused - Mere fact that, there are certain inconsistencies with regard to the manner of causing injuries, cannot shake the entire evidence or make the statement of witnesses unreliable - It is unreasonable to expect from a witness to give picture perfect report of the incident - Thus, the findings of trial court are based on correct appreciation of evidence. |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2017 INSC 375 |
Petitioner | Fazar Ali & Ors. |
Respondent | State Of Assam |
SCR | [2017] 6 S.C.R. 646 |
Judgement Date | 2017-04-21 |
Case Number | 1062 |
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