Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 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, 186 - s.302134 - Prosecution under- Of three accused - Death of deceased due to asphyxia - Injury on the deceased corresponding the a/legations not found - Eye-witnesses to the incident - Witnesses not supporting the incident in its entirety, declared hostile - Minor eye-witness. supporting prosecution case in its entirety - Lodging of FIR immediately after the incident - Conviction of two accused and acquittal of one by courts below - On appeal, held: Conviction justified - A part of the evidence of even hostile witnesses supports the prosecution case so far as convicted accused are concerned - Principle offalsus· in uno, falsus in omnibus not applicable in India - Minor witness cannot be said to be a tutored witness - Medical evidence also corroborate prosecution case. Appellants-accused, alongwith co-accused A-1 were prosecuted u/s. 302134 IPC. Accordingly to prosecution, the motive for commission of the offence was that the F deceased (a goldsmith) owed some ornaments to the accused persons. He was assaulted by the accused and thrown in a well. He died of asphyxia. FIR was lodged by PW1 (wife of the deceased) against the three accused. However, in her deposition she stated that A-1, who was Pradhan of the village, did not participate in the commission of the crime. PW 4 (minor son of the deceased) also deposed to that effect. PWs. 2 and 3 also did not support the prosecution case in its entirety. PWs 1, 2 and 3 were declared hostile. Trial Court convicted the appellant-accused and acquitted A-1. High Court affirmed the judgment of trial court.In appeal to this Court appellant-accused contended 8 inter alia that PWs. 1, 2 and 3 having been declared hostile and PW 4 (minor witness) having stated that he deposed as tutored by his mother (PW1 ), conviction was not sustainable; that prosecution case was not corroborated by medical evidence as no injury was found on the person of the deceased. During pendency of appeal appellant No. 2 since expired, appeal stood abated so far as he is concerned. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2009 INSC 458 |
Petitioner | Rajendra & Anr. |
Respondent | State Of U.p. |
SCR | [2009] 5 S.C.R. 589 |
Judgement Date | 2009-04-08 |
Case Number | 1254 |
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