Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860 - ss.143 148 302 rlw s.149 and s.326 rlw. s.149 - Deceased beaten to death by appellants owing to a long standing dispute 147 Penal Code |
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 - ss.143, 147, 148, 302 rlw s.149 and s.326 rlw. s.149 - Deceased beaten to death by appellants owing to a long standing dispute - Concurrent conviction of appellants by Courts below - Plea of appellants that one of the prosecution witness (PW-8) stated that he ate 'Bhel' with deceased immediately before the incident however. said fact of eating 'Bhel' by deceased had not come up in his post mortem examination which casts a doubt on the narration of the whole incident by the witness, thus the same was a result of afterthought - On appeal, held: Evidence of a medical person is merely an opinion which lends corroboration to the direct evidence in the case - On a careful perusal of the post mortem conducted by PW-10 (doctor), it is clear that the death was caused . by means of a sharp edged weapon- possibly a sword - Evidence given by PW-10 fully corroborates with the version given by PW-5 and PW-8 that the appellants caused the death of the deceased .using swords and iron pipes - Since, the eye witnesses' account was found credible and trustworthy, medical opinion pointing to alternative possibilities cannot be accepted as conclusive - No infirmity in orders passed by High Court with regard to conviction and sentence of the appellants-accused. Medical jurisprudence - Alleged uncertainty w.r.t. time of occurrence as well as death of the deceased - Plea of appellants that PW;8 s version that he ate 'Bhei with the deceased before the incident was falsified, as according to the medical evidence there were no food particles in the stomach of the deceased - Held: G Judging the time of death from the contents of the stomach, may not always be the determinative test - It will require due corroboration from other evidence - Plea with regard to absence of food particles in the intestine of the deceased has no basis as digestion varies from person to person, and sometimes even with the same person at different times - Further, if prosecution is able to prove its case,including the time of death, and the same points towards the guilt of the accused, then it may not be appropriate for the Court to wholly' reject the case of prosecution and to determine the time of death with reference to the stomach contents of the deceased.Evidence:Medical Witness - Opinion of - Evidentiary value of -Discussed. |
Judge | Hon'ble Mr. Justice R.K. Agrawal |
Neutral Citation | 2017 INSC 704 |
Petitioner | Sanjay Khanderao Wadane |
Respondent | State Of Maharashtra |
SCR | [2017] 8 S.C.R. 537 |
Judgement Date | 2017-08-03 |
Case Number | 1962 |
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