Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 148 Penal Code Section 147 Maruti vehicle Murder 302/149 IPC |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860: ss.147, 148, 302/149 and 397 — Murder — Prosecution case that accused five in number caused injuries to the victim-deceased with sword and knife — Incident stated to have been witnessed by PW23 and his driver PW24 who had come from Kota to Jhalawar to meet the deceased — Thereafter, out of fear they hid themselves — Victim was declared brought dead - Trial court acquitted accused no.1 and convicted accused no,2 to 3 — High Court affirmed the conviction of accused no.2 to 5 - On appeal, held: Presence of PW24 and PW25 at the place of occurrence appeared doubtful -- Their conduct in not informing the relatives of the deceased and in not lodging police complaint was also quite unnatural — Their statements were recorded after 3 days of occurrence — Delay in recording the statement had cast doubt about their being eye-witnesses to the occurrence — In view of delay, PW24 and PW25 did not appear to be wholly reliable witnesses - Moreover, there was no corroboration of their evidence from any other independent source — Therefore, PW24 and PW25 were not reliable witnesses so as to record conviction of the accused — The case against accused not proved beyond reasonable doubt — Conviction set aside. |
Judge | Hon'ble Mr. Justice Chockalingam Nagappan |
Neutral Citation | 2016 INSC 238 |
Petitioner | Shahid Khan |
Respondent | State Of Rajasthan |
SCR | [2016] 2 S.C.R. 284 |
Judgement Date | 2016-03-02 |
Case Number | 1460 |
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