Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | ode of Criminal Procedure, 1973 - ss.378 and 386 - Judgment of acquittal - Reversed by High Court in appeal - Propriety of- Held: On facts, not proper- Very genesis of the crime was doubtful and full of suspicion - Testimony of PWs did not conform with collateral circumstances and probabilities- PWs were also interested witnesses - False implication of accused was not ruled out - Important witness though available was not examined - Trial court had meticulously examined the entire evidence on record and concluded that prosecution failed to prove charges against accused beyond reasonable doubt - View taken by trial court was possible as well as plausible - High Court erred in reversing the judgment of acquittal recorded by trial court - Penal Code, 1860 - s. 302 rlw s.34-Arms Act, 1959 - ss. 4 and 25. According to the prosecution, at 9 pm in the night, while returning from the betel shop of one 'R', PW1 and his brother met appellant no.1 and his son appellant no.2, whereupon PW1 's brother demanded money owed to him by appellant no.1 but the latter started rebuking PW1 's brother and asked appellant no.2 to kill him, and that thereafter appellant no.2 caught hold of PW1 's brother G while appellant no.1 stabbed him with a knife due to which PW1 's brother fell down and subsequently died at the hospital. The appellants were charge-sheeted under s.302 r/w s.34 IPC and under s.4 r/w s.25 of the Arms Act, 1959 A but the Trial Court acquitted them holding that the prosecution had failed to prove the charges against them beyond reasonable doubt. On appeal, the High Court set aside the judgment of acquittal and convicted the appellants under s.302 r/w s.34 . IPC with life imprisonment. Appellant no.1 was also convicted under s.4 r/w s.25 of the Arms Act, 1959. Hence the present appeal. |
Judge | Honble Mr. Justice R. M. Lodha |
Neutral Citation | 2009 INSC 482 |
Petitioner | Mahtab Singh & Anr. |
Respondent | State Of U.p. |
SCR | [2009] 5 S.C.R. 848 |
Judgement Date | 2009-04-13 |
Case Number | 168 |
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