Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Criminal Trial Delay in recording of the statement of eye witnesses s.120-B and ss.148 Recovery of bloodstained weapon Evidence IPC 302/149 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860: s.120-B and ss.148, 302/149– Case of the prosecution that on account of previous enmity with the victim deceased, the appellant was talking with the other accused regarding preparation to kill him – Their conversation was heard by PW-11 and PW-12 – PW-9 and PW-16, who were near the scene of the occurrence, rushed to the spot after hearing the cries of the victim, and saw all the accused assaulting him with lathis and tabbal– Accused convicted u/ss.148, 302/149 –Charges were framed u/s.120-B also but, the accused were acquitted in respect of the said offence – On appeal, held: Statements of the alleged eye witnesses, PW-9 and PW-16 were recorded after eight days of the incident – Prosecution tried to explain the delay in recording their statement – In normal course, the Court would have accepted the explanation offered, but the facts in this case are different – PW-2 admitted that he had seen PW-9 at the place of the incident when the police had come to the village after the registration of the FIR – Thus, the IO knew very well, on the first day itself, that PW-9 was an eye witness – There was no reason as to why he did not record the statement of the so called eye witness at the earliest point of time – Whole story of the prosecution about the presence of PW-9 and PW-16 at the time of incident appears to be concocted – Prosecution also relied upon the recovery of bloodstained sticks and tabbal – In the absence of positive material indicating that the stained blood was of human origin (even though the blood group was not proved because of disintegration of blood) and of the same blood group as that of the accused, it would be difficult to rely upon the aspect of recovery of the weapons– Further, all the accused were acquitted for the offence of conspiracy, which means that there are concurrent findings of the courts below that the prosecution failed to prove the aspect of conspiracy of the accused to commit the murder of the deceased – In view of the material on record which is shaky, suspicion arises in the mind of the Court about the genesis of the case of the prosecution – Impugned judgments of the Trial Court and the High Court set aside – Appellants to be released forthwith, if not required in any other case. Criminal Trial – Delay in recording of the statement of eye witnesses – When does not raise suspicion – Discussed. |
Judge | Hon'ble Mr. Justice Mohan M. Shantanagoudar |
Neutral Citation | 2019 INSC 862 |
Petitioner | Balwan Singh |
Respondent | The State Of Chhattisgarh And Anr. |
SCR | [2019] 11 S.C.R. 1 |
Judgement Date | 2019-08-06 |
Case Number | 727 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |