Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Appeal - State '.s appeal against acquittal - Accused- respondents were serving as Inspector Jn-charge and Police constable - Case of custodial death - Charge sheet of all accused under s.302 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Appeal - State '.s appeal against acquittal - Accused- respondents were serving as Inspector In-charge and Police constable - Case of custodial death - Charge sheet of all accused under s.302 - Trial court acquitted all of offence under s.302, however convicted accused-respondents under s.304 Part 11 rlw s.34 - Acquittal of accused-respondents by High Court accepting their plea of alibi - Appeal by State against acquittal - Held: There were serious inconsistencies in the entries made in the General Diary Register of the concerned Police Station - There was overwriting in .the entries with regard to the departure of the accused-respondents from the Police Station for home around the time when the death of the victim took place and several pages of the register in continuity were missing which rendered the said register wholly unacceptable document - Thus, the plea of alibi was not substantiated - It cannot be said that these facts were trivial, as found by the High Court - Having regard to the circumstances and the absence of any cogent explanation on the part of the accused-respondents and taking into account the fact that the deceased was in police custody and death had occurred in such custody, it was the accused-respondents (accused Nos.2 and 5) who, to the exclusion of any other persons, were responsible for the injuries that caused the death of the deceased - Acquittal of accused-respondents under s.304 Part 11 r/w s.34 IPC is not legally sustainable - As regards the sentence, the maximum punishment that is awardable in case of offence under s.304 Part 11 IPC is ten years -'The accused respondents are Police Personnel whose duty was to act in accordance with law - They, ·however; had fudged the General Diary Register of the Police Station to put up their defence and had put up a false plea of alibi - In view of the evidence of P.W.5 that the memo sending the deceased to the hospital was recorded by him after the deceased was already declared to be dead indicate that accused no. 2 had prepared a false memo sending the deceased to the hospital when he was already dead - The accused respondents having been found guilty of commission of the offence under s.304 Part II rlw s.34 /PC, awarded maximum sentence award-able under the said Section -Penal Code, 1860 - s.304 Part 1/ rlw s.34. |
Judge | Hon'ble Mr. Justice Navin Sinha Honble Mr. Justice Ranjan Gogoi |
Neutral Citation | 2017 INSC 865 |
Petitioner | State Through Central Bureau Of Investigation, Special Crime Branch, Mumbai, Maharashtra |
Respondent | Sanvlo Naik & Anr. |
SCR | [2017] 8 S.C.R. 913 |
Judgement Date | 2017-09-07 |
Case Number | 1610-1611 |
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