Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Criminal Conspiracy Number of Witnesses Arrest |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860:s.302 rlw s.120-8 - Murder committed with criminalconspiracy - conviction and sentence of life imprisonment -Upheld by High Court - Held: The manner in which the crimewas committed indicates that it was a pre-planned murder --There was no material contradiction, embellishment orimprovement in the deposition of eye-witness -- High Courtre appreciated the evidence and upheld the findings of fact ·recorded by trial court observing that ocular evidence was inconformity with medical evidence and it was a clear case ofconspiracy - In the facts and circumstances of the case,findings recorded by courts below do not warrant interference.s. 120-B - Criminal conspiracy - Ingredients of -Explained.Evidence Act, 1872: s. 134 - Number of witnesses - Held: In the matter ofappreciation of evidence, it is not the number of witnessesbut quality of their evidence which is important, as there isno requirement under law of evidence that particular numberof witnesses is to be examined to prove/disprove a fact -Conviction can be based on the testimony of a sole eye-witness -- The test is whether the evidence has a ring of truth,is cogent, credible and trustworthy. Evidence:Arrest -- Recovery of vehicles used in crime - Witnessof arrest memo and panch witness of recovery of vehicles notexamined - Held: In the absence of putting such an issue toInvestigating Officer, appellants cannot seek any benefit ofsuch omission or error by prosecution in conducting of trial -- If prosecution had not examined Panchnama witnes.ses andwitnesses to the arrest memos, appellants could haveexamined them in their defence. |
Judge | Hon'ble Dr. Justice B.S. Chauhan |
Neutral Citation | 2013 INSC 677 |
Petitioner | Gulam Sarbar |
Respondent | State Of Bihar (now Jharkhand) |
SCR | [2013] 12 S.C.R. 1 |
Judgement Date | 2013-10-07 |
Case Number | 1316 |
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