Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860 - ss. 34 Penal Code 302 and 506(11) - Accused as well as victim parties are closely related persons - Land dispute |
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 - ss. 34, 302 and 506(11) - Accused as well as victim parties are closely related persons - Land dispute C between parties resulting in death of appellant's husband - Conviction of accused ulss. 34, 302 and 506(11) and sentenced accordingly by the trial court - Order of conviction set aside by the High Court - interference with - Held: Not called for - Applying judicial scrutiny to the facts and circumstances of the case, the prosecution story not trustworthy - Prosecution failed to prove the guilt of the accused beyond reasonable doubt - Material on record shows huge suspicion and the evidence adduced on record full of contradictions - On basis of such evidence, not safe to fasten the liability on the accused - Investigating agency ignored its paramount duty of bringing home the guilt of the accused with probable evidence as admissible under law, rather, spent time and mind on creating two occurrences and substantiating the same with the circumstances - Thus, the High Court had compelling and substantial reasons to set aside the order of conviction and sentence against the accused - Evidence. |
Judge | Honble Mr. Justice N.V. Ramana |
Neutral Citation | 2017 INSC 592 |
Petitioner | S. Subbulaxmi |
Respondent | Kumarasamy & Ors. |
SCR | [2017] 7 S.C.R. 238 |
Judgement Date | 2017-07-06 |
Case Number | 1737 |
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