Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 307 and 324 read with Section 34 Indian Penal Code 1860: Ss. 302 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Indian Penal Code, 1860-Ss 302, 307 and 324 read with Section 34- Murder-Digging of khal by accused brothers-Protest by deceased and PWs-Fire shots causing death-Conviction and sentence by Trial Court placing reliance on evidence of PW7 and PW8-Evidence of PW 10 discarded-Confirmation by High Court-On appeal, Held, prosecution failed to establish beyond reasonable doubt the guilt of the accused-PWs not reliable witnesses and cannot be accepted without independent corroboration-Evidence of PW 10 wrongly discarded-Accused fired shots probably in self defence after being injured-Conviction and sentence set aside.The appellants were prosecuted for an offence under Section 302, 307 and 324 read with Section 34 IPC. The prosecution case was that the appellants namely R, RK, H & S who were brothers went into the field of complainants 'B', PW 7 and 8 and deceased 'M' and started digging a 'Khal'. The complainants protested the digging and a quarrel broke out. Appellant 'R' attacked 'B' with an axe and injured his left arm. Appellant 'H' fired two shots hitting 'M' and PW 8. 'B' raised alarm and 'MP' and 'T' came running to their rescue. Thereupon the appellants ran away. 'M' succumbed to his injuries and on the basis of statement of 'B' criminal case was registered and chargesheets were filed against the appellants.The prosecution examined PW 7, PW 8 and also PW 10, the patwari who deposed about the work done by him regarding the khal. Appellants R and RK in their defence admitted their presence at the place of incident and claimed right to private defence. The trial Court relying on the evidence of PW 7 and PW 8 and disbelieving the defence version, convicted the appellants which was confirmed by High Court. Appellants aggrieved by their conviction, preferred the present appeals. The contention of appellants was that (i) the Courts below have not properly appreciated the evidence of PW 10 and discarded his evidence by misreading the documents on record which clearly showed that an order for demarcation was passed by Naib Tehsildar, (ii) PW 7 and PW 8 have not truely deposed about the manner in which the incident had happened and, therefore, their evidence ought not to )lave been accepted without independent corroboration. |
Judge | Hon'ble Mr. Justice G.T. Nanavati |
Neutral Citation | 1998 INSC 103 |
Petitioner | Ram Kumar And Anr. Etc. |
Respondent | State Of Haryana |
SCR | [1998] 1 S.C.R. 1017 |
Judgement Date | 1998-02-19 |
Case Number | 58 |
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