Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Evidence Act 1872: Testimony of eye-witnesses |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Evidence Act 1872: Testimony of eye-witnesses-Reliance of-When the evidence of eye-witnesses corroborated by medical evidence and support the case of prosecution in proving the guilt of the accused, it can be relied upon. Code of Criminal Procedure, 1973: Section 161-Recording of statement-Manipulation of-When FIR is recorded promptly and Magistrate informed-Late recording of statements of witnesses-Held, need not necessary lead to manipulation. Criminal Trial: Acquittal by trial Court-Not based upon facts or legal evidence tendered but as a result of conjectures and hypothesis-Hence High Court was justified in re-examining the whole evidence and convicting the accused. Review Jurisdiction : Power of High Court-In appeal against the order of acquittal, High Court has full powers to review the evidence in the matter and there is no jurisdictional limitation on the appellate Court.Appellant-accused along with another person went to the 'Tea Stall' of the deceased armed with a "Dharia" and inflicted serious injuries on the head and other parts of the deceased, who was later shifted to Hospital. In the meanwhile on receipt of intimation from. the Hospital about the injuries sustained by the deceased, Police recorded the same in tire Police Station Diary. Thereafter statement of complainant was recorded and FIR was registered. The deceased succumbed to the injuries in the Hospital. On completion of the investigation, charge sheet was filed against the accused persons.Prosecution examined 10 witnesses of which 4 were eye witnesses. One of the eye-witnesses, however, did not support the case of prosecution and was declared hostile. Trial Court discarded the testimony of the eye-witnesses and acquitted the accused. On appeal, High Court relied upon the testimony of eye-witnesses and reversed the Judgment of Trial Court and convicted the B accused under Section 302 l.P.C. Hence this appeal by the accused. It was contended for the appellant that under Section 378 Cr. P.C., the High Court could not disturb the finding of fact of the trial Court; and that where two views are possible, the one favourable to the accused resulting in his acquittal should be accepted. |
Judge | Hon'ble Mr. Justice R.P. Sethi |
Neutral Citation | 2002 INSC 80 |
Petitioner | Allarakha K. Mansuri |
Respondent | State Of Gujarat |
SCR | [2002] 1 S.C.R. 1011 |
Judgement Date | 2002-02-14 |
Case Number | 1285 |
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