Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Evidence Of eye-witness Evidence Of Expert Evidentiary value of Appreciation of |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Evidence – Of eye-witness – Appreciation of – As per the prosecution on 14.06.02, PW-7-brother of ‘B’ went to the fields for ploughing in the early morning, at about 09.00am, ‘B’ went outside to attend the call of nature and when he was returning towards his house, accused no.1, 2 & 4(appellants) along with accused no.3 (absconding) arrived there with weapons– Accused persons threatened ‘B’ while chasing him saying that they would finish him off as he continues illicit relationship with the wife of accused No.4/ mother of accused Nos.1-3– ‘B’ came into his house, went to the kitchen and closed the door –Accused persons started pushing the kitchen door and then ‘B’ came outside –Accused No.2 caught the head of ‘B’ whereas accused nos.3 and 4 caught his both the legs and accused no.1 cut the neck of ‘B’ with MO-1-dagger– PW-5, mother of the deceased ‘B’ raised alarm crying for help –Appellants convicted u/s.448 r/w s.34 as also u/s.302 r/w s.34 – On appeal, held: While appreciating the evidence of witness, the approach must be to assess whether the evidence of the witness read as a whole appears to be truthful – If the evidence of eye witness is found to be credible and trustworthy, minor discrepancies not affecting the core of the prosecution case, cannot be made ground to doubt the trustworthiness of the witness – In the instant case, no doubt there are slight variations in the statement of PW-5 as to when and how her statement was recorded by the police, but PW-5 is an ordinary home maker and an illiterate woman– Courts are not to judge the evidence of ruralites by the same standard and exactitude like any other witness– Alleged variations in the statement of PW-5 do not affect the trustworthiness of PW-5 – PW-5 has no reason to falsely implicate the accused– Further, based on the disclosure statement of accused no.1, MO-1-dagger had been seized in the presence of panch witnesses –No merit in the contention that merely because the panch witnesses turned hostile, the recovery of the weapon would stand vitiated– Evidence of the I.O can be relied upon to prove the recovery even when the panch witnesses turned hostile – From the evidence of PW-5 and PW-7, the prosecution has proved the overt act of accused nos.1, 2 and the same is corroborated by the corresponding injuries as spoken by PW-12-doctor – However, serious doubts arise as to the presence of accused no.4 – Benefit of doubt given to him and his conviction is set aside – Conviction of accused nos.1 & 2 is confirmed while that of accused No.4 is set aside – Penal Code, 1860 – s. 448, 302 r/w s.34 IPC . Evidence – Of Expert – Evidentiary value of – Held: Expert is not a witness of fact – Opinionative evidence of the doctor is primarily an evidence of opinion and not of fact – It is only a corroborative piece of evidence as to the possibility that the injuries could have been caused in the manner alleged by the prosecution – Unless the medical evidence rules out such possibility of injury being caused in the manner alleged by the prosecution version, the testimony of the eye witness cannot be doubted on the ground of its inconsistency with medical evidence. Criminal Trial – FIR – Delay in registration of – When not fatal – Discussed |
Judge | Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2019 INSC 880 |
Petitioner | Mallikarjun And Others |
Respondent | State Of Karnataka |
SCR | [2019] 11 S.C.R. 609 |
Judgement Date | 2019-08-08 |
Case Number | 1066 |
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 |