Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860: Sections 302 and 34 Penal Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860: Sections 302 and 34: Murder case -Acquittal of accused by High Court by ignoring the convincing evidences of eye-witnesses and other attending circumstances on the ground of non-examination of the expert witnesses--Findings of High Court is erroneous both on facts and on law. Criminal Procedure Code, 1973: FIR Prompt fudging of-Prompt lodging of FIR and its despatch to the Magistrate go to show that there was no possibility of either wrong person being impleaded either as accused or eye-witness. Evidence Act, 1872: Eye-eyewitness-Appreciation of testimony of-Under the circumstances of the case if the eye-witnesses happen to he natural witnesses, their testimony cannot be discarded on the ground that they are relatives of the deceased. Expert witnesses-Non-examination of Creditworthiness of eye-witnesses-In the presence of convincing evidence of eye-witnesses and also other attending circumstances, non-examination of expert has no effect on credibility of the evidence. Constitution of India, 1950: Article 136-Special leave jurisdiction- Re-appreciation of evidence Supreme Court can interfere when High Court fails to appreciate true effect and material change in the versions of witnesses which result in failure of justice.Complainant (PW2) along with his three nephews were working in their field on 23-10-1980 at about 5.00 p.m., when accused-respondents armed with Guns and Gandasa came out and fired shots and attacked with Gandasa on two nephews of Complainant and killed them. Respondents-accused also fired at Complainant and his other nephew. Somehow they escaped and saved their lives. Complainant informed the incident to others and lodged an F.I.R. Police reached the spot, prepared inquest report and seized the articles, viz., turban of deceased and a Gun recovered from the place of occurrence, However, accused were not traceable immediately but were arrested subsequently. Police, on the basis of disclosure statement by the accused, recovered and seized the gun and cartridges as also the 'Gandasa'. Trial Court convicted "the respondents-accused under Section 302/34 l.P.C. and Sections 25 and 30 of the Arms Act and sentenced them to life imprisonment for the main offence. Aggrieved, accused-respondent filed appeal and High Court reversed the Judgment of the Trial Court and acquitted the accused. State and the Complainant preferred appeals before this Court. It was contended for the respondents that the finding of facts arrived at by the High Court cannot be disturbed by this Court in exercise of powers under Article 136 of the Constitution of India; and that if two views of an occurrence are possible, the view which is favourable to the accused should be preferred; and that there was no independent and legally admissible evidence available against the respondents. On behalf of the appellant-State, it was contended that the Judgment of the High Court acquitting the accused was based upon erroneous facts and against the settled position of law and against the weight of evidence produced by the prosecution. |
Judge | Hon'ble Mr. Justice R.P. Sethi |
Neutral Citation | 2002 INSC 83 |
Petitioner | State Of Punjab |
Respondent | Jugraj Singh And Ors. |
SCR | [2002] 1 S.C.R. 998 |
Judgement Date | 2002-02-14 |
Case Number | 287 |
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