Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | s.302 r/w s.34 Case based on circumstantial evidence IPC Omission to frame charges |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) Indian Penal Code (45 of 1860) |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860 – s.302 r/w s.34 – Case based on circumstantial evidence – Marriage of ‘S’ was solemnised with one ‘LM’ in 2006 – FIR was lodged in 2009 by CW-1 that ‘S’ has been killed by the appellants (mother-in-law and sister-in-law of ‘S’) along with ‘LM’ and others – Trial Court convicted the appellants and ‘LM’ for having conspired the murder of ‘S’ with accused nos.4 and 5, however accused nos.6 to 8 were acquitted – High Court acquitted ‘LM’ but maintained sentence of the appellants – On appeal, held: Entire prosecution proceeded on the basis that accused nos.4 and 5 were the actual assailants – Accused nos.4 and 5 were never apprehended – Charge of conspiracy against the appellants with accused nos.4 and 5 has not found favour either with the Trial Court or with the High Court – Conviction of the appellants is probably on the basis of the lack of explanation of the injuries suffered on the person of the deceased – However, from the statement of PW-20, tenant living on the ground floor of the house in which the appellants and the deceased were residing, it is found that there were five persons who were performing Puja and two of them were Swamis – Chain of circumstances has not been completed so as to lead to only one conclusion that the appellants and the appellants alone were responsible for committing the crime – Since the prosecution story proceeded on the basis that the role of the appellants is that of conspirators but having failed to prove the charge of conspiracy, the appellants could not be convicted for the offence u/s.302 – Such conviction has caused not only prejudice but also failure of justice, therefore, conviction cannot be sustained – Appellants are acquitted of the charges levelled against them. Code of Criminal Procedure, 1973 – Omission to frame charges and consequent prejudice to the accused – Discussed. |
Judge | Hon'ble Mr. Justice Hemant Gupta |
Neutral Citation | 2019 INSC 944 |
Petitioner | Smt. Chintambaramma & Anr. |
Respondent | State Of Karnataka |
SCR | [2019] 12 S.C.R. 946 |
Judgement Date | 2019-08-22 |
Case Number | 1258 |
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