Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860: S.302 Indian Penal Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Indian Penal Code, 1860:S.302-Murder trial-Sole eye witness-Evidence artificial and highly improbable-Courts below relying on such evidence convicted the accused-Evidence reappreciated-Held: it is unsafe to rest conviction on such evidence-Accused entitled to acquittal-Indian Evidence Act, 1872.Constitution of India, 1950: Art.136-Murder trial-Evidence of sole eye- witness-Improbable and artificial-Courts below relying on such evidence and convicting the accused-Reappreciation of evidence-Called for.The three accused appellants were inter-related, A-1 and A-2 being sisters and unmarried while A-3 happened to be the husband of the younger sisters of A-1 and A-2. They were convicted and sentenced on the charge of committing murder. A-1 a Digambra Sanyasni, was running an Asharam. Her sister A-2 was also living in the Asharam. The deceased, a young Bachelor was so much involved in the upkeep and running of the Ashram that he became indispensable to the Ashram and he used to stay at the Asharam during nights. The prosecution alleged that the deceased used to sleep with A-2 in one of the rooms in the Ashram; that he was moving in the company of A-2 to various places in connection with the affairs of the Ashram; and that sometimes A-1 too would join the deceased in that separate room giving rise to the suspicion of her illicit intimacy with the deceased; and that on coming to know that the deceased was to get married, out of jealousy and frustration A-1 and A-2 killed the deceased with the help of A-3. PW.1 gave an eye-witness account or the alleged murder. The Courts below relied on her evidence and convicted and sentenced the accused.Hence this appeal. |
Judge | Honble Mr. Justice M.M. Punchhi |
Neutral Citation | 1995 INSC 196 |
Petitioner | Mangammavva @ Nese Yesodamma And Ors. |
Respondent | State Of Andhra Pradesh |
SCR | [1995] 2 S.C.R. 887 |
Judgement Date | 1995-03-21 |
Case Number | 469 |
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