Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860 - ss.302 203 r/w. s.34 - Alleged extra- marital relationship between appellant-accused and the co-accused - Dead body of husband of co-accused found hanging from the roof of a shed adjacent to deceased's house |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860 - ss.302, 203 rlw. s.34 - Alleged extra- marital relationship between appellant-accused and the co-accused - Dead body of husband of co-accused found hanging from the roof of a shed adjacent to deceased's house - PWJ (deceased'.~ nephew) was the sole eye-witness - Trial court convicted the appellant and co-accused uls.302 !PC rlw s.34, however, discarded the prosecution case of illicit relationship between accused persons and the same being the motive of murder - High Court affirmed the conviction, accepting the prosecutions plea of motive of murder founded on extra-marital relationship between accused persons - On appeal, held: Testimony of PW/ with regard to illicit relationship between the accused persons lacks in persuasion - Evidence of PW/ is unacceptable being fraught with improbabilities, doubts and oddities inconceivable with normal human conduct and, thus cannot be the basis of conviction - In the present case, the incident at the fir.st place was registered as a case of wmatural death and ajier six days of the occurrence it was converted into one 11/s. 3021203134, on aie disclosures made by PWJ, PW5, PW6 and PW8 - Testimony of PW5, PW6 and PW8 cannot be construed as substantive in nature, these witnesses having derived the knowledge from PWI - Prosecution has failed to prove JI licit relationship between appellant and co-accused and therefore, t/1e motive for the murder by them - Dehors the testimony of PW/ and the alleged motive, there is no other tangible and clinching material 011 record in support of.the charge against the appellant and the co-accused - Contrary view taken by the Courts below is against the evidence on record - Inference of motive drawn by the High Court is flawed - Appellant is entitled to benefit of doubt and is acquitted. Evidence Act. 1872 - s.3 - Fact -''proved", disproved" and "not proved""- Standard of proof" required for - Discussed.Evidence- Of sole eye-witness - Held: Conviction can be based on the testimony of a single eye witness if he or she passes the rest of reliability - It is not the number of witnesses but the quality of evidence that is important. |
Judge | Hon'ble Mr. Justice Amitava Roy |
Neutral Citation | 2017 INSC 1124 |
Petitioner | Kuna@ Sanjaya Behera |
Respondent | The State Of Odisha |
SCR | [2017] 11 S.C.R. 179 |
Judgement Date | 2017-11-17 |
Case Number | 677 |
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