Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 149 148 302 Section 147 ocular evidence 307 and 504 IPC eye-witness |
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 | Penal Code, 1860---ss. 147, 148, 149, 302, 307 and 504 - Prosecution under--Death of three persons and injury of eye-witness — Caused by five accused--Trial court convicted all the accused and sentenced three of the accused to life imprisonment and two of the accused to death sentence for the offence of murder — High Court acquitted all the accused of all the charges — On appeal, held: The reasons given by High Court acquitting the accused are flimsy, untenable and bordering on perverse appreciation of evidence — Prosecution case was fully supported by the ocular evidence of two eye-witnesses — Non-examination of injured witness would not be fatal to the prosecution case, in the facts of the case — The prosecution case cannot be detailed on the ground of absence of independent witness as long as the evidence of the eye-witnesses is trustworthy — All the accused are liable to be convicted — However, the death sentence of the two accused awarded by the trial court is converted to life imprisonment and all the accused are sentenced to life imprisonment. Appeal — Against acquittal - Power of appellate court — Scope of - Held: Court has the power to review and relook the entire _ evidence — Appellate Court can interfere with the acquittal order if it is based on erroneous views and against settled position of law. Judgment — Reason is the heartbeat of every conclusion in a judgement — Without proper reason, the conclusion becomes lifeless. |
Judge | Honble Mr. Justice N.V. Ramana |
Neutral Citation | 2016 INSC 217 |
Petitioner | Sadhu Saran Singh |
Respondent | State Of U.p. And Ors. |
SCR | [2016] 1 S.C.R. 913 |
Judgement Date | 2016-02-26 |
Case Number | 1467-1468 |
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