Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India - Art. 13 7 - Review of judgments or orders by the Supreme Court - On facts 201 and 120B and sentenced to death 364A conviction of three 4/ss. 302 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Miscellaneous Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Constitution of India - Art. 13 7 - Review of judgments or orders by the Supreme Court - On facts, conviction of three 4/ss. 302, 364A, 201 and 120B and sentenced to death - Supreme Court upheld the death sentence of two, however commuted the death sentence of lady co~accused to life imprisonment - Review petitions - Held: This Court while affirming the judgement of the High Court, found no error apparent on the record - Submissions raised in the review petition do not raise any ground for review - Submission that tape recorded conversation was relied on without there being any certificate u/s. 65B as such not a valid evidence, cannot be accepted - Tape recorded conversation was not secondary ยท evidence which required certificate u/s. 65B, since it was the original cassette by which ransom call was tape-recorded - Submission that the death was caused due to overdose of chloroform and pentazocine poisoning, as such the conviction ought to be u/s. 304A and not u/ s. 302 cannot be accepted - Conviction of the applicants was based on cogent, ocular and medical evidence and there was no apparent error on the face of the record in recording conviction of the applicants u/s. 302 and 364A - Penal Code, 1860 - 302, 364A, 201and120B - Evidence Act, 1872 - s. 65B.Art. 137 - Power of review - Scope and ambit of.- Explained - Or. 40 r. 1 - Supreme Court Rules, 1966. Evidence Act, 1872 - s. 65B - Admissibility of electronic records - Reliance on the tape recorded conversation - Requirement of certificate u/s. 65B - Held: For admission of secondary evidence of electronic record a certificate as contemplated by s. 65B is a mandatory condition - Tape recorded conversation was original cassette by which ransom call was tape-recorded, thus, not secondary evidence which required certificate u/s. 65B. |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2017 INSC 594 |
Petitioner | Vikram Singh @ Vicky Walia And Anr. |
Respondent | State Of Punjab And Anr. |
SCR | [2017] 8 S.C.R. 177 |
Judgement Date | 2017-07-07 |
Case Number | 16673-16676 |
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