Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 149 and 148 Evidentiary value ss. 302 IPC Solitary eye-witness |
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: ss. 302, 149 and 148 – Involvement of 13 accused in the offence including two juveniles – Conviction of three accused by trial court – High Court acquitted one of the accused while upholding the conviction of the two accused (appellants) – Appeal to Supreme Court – Held: In view of the previous animosity between the parties and the relationship between sole eye-witness (PW1) and the deceased false implication cannot be ruled out – Susceptibility of number and nature of injuries are improbable in the facts of the case – High Court has wrongly considered PW-8 to be an eyewitness – In the FIR the eye-witness (PW1) had made generalized allegations by all the 13 accused, while in her court statement she was more specific with regard to nature of assault by each accused – While the sole eye-witness (PW1) has been severely doubted while acquitting other accused, she cannot be relied on in a case of mob assault by 13 persons at night – Therefore, the appellants-accused are acquitted. Witness: Solitary eye-witness – Evidentiary value – Held: Conviction on the basis of solitary eye-witness is sustainable, if there is reliable evidence cogent and convincing along with surrounding circumstances – Evidence of such witness calls for heightened scrutiny. |
Judge | Hon'ble Mr. Justice Navin Sinha |
Neutral Citation | 2019 INSC 864 |
Petitioner | Jagdish And Another |
Respondent | The State Of Haryana |
SCR | [2019] 11 S.C.R. 22 |
Judgement Date | 2019-08-06 |
Case Number | 1864 |
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