Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860: ss.302 and 449 - Conviction and life imprisonment based on circumstantial evidence - |
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 and 449 - Conviction andlife imprisonment based on circumstantial evidence -Prosecution case was that on fateful night, PW-10 and hisvictim brother had assembled at their farm house to celebrateholi festival and continued talking till 2 A. M. and thereafterPW-10 returned back to his village - Deposition of PW-10that around 10 PM. appellant-accused had come to the farmunder influence of liquor and abused the victim-deceasedfor not allowing him to park his cycle and take liquor at hisfarm - Next morning, PW-19 saw the victim-deceased ininjured condition - Deceased was taken to hospital wherehe succumbed to injuries - Trial court found the appellantguilty - High Court affirmed the same - On appeal, held:Except PW-10, no other independent witness was examinedto prove that the deceased had rebuked the appellant -Serious doubts as to the motive and the previous enmity -None of the farm servants were examined which raisesdoubts about the evidence of PW-10 and the motivesuggested- Evidence of PW11 that he saw appellant comingout of the room of the deceased from the distance of 25 feetwas also not convincing- Considering the totality of the factsand evidence, the circumstances relied upon by theprosecution were not established by convincing evidence anddid not form a complete chain pointing to the guilt of theappellant - Prosecution failed to establish the guilt of theaccused beyond reasonable doubt - Benefit of doubt givento the appellant. |
Judge | Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2015 INSC 1009 |
Petitioner | Vijay Shankar |
Respondent | State Of Haryana |
SCR | [2015] 9 S.C.R. 977 |
Judgement Date | 2015-08-04 |
Case Number | 337 |
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