Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | statement of the eye-witnesses Murder ss.147 149 corroborated IPC 449 and 302 452 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860 – ss.147, 149, 452, 449 and 302 – Murder – Prosecution case that six persons (A-1, A-2, A-3, A-4, A-5 and A- 6) who were heavily armed, two of them with guns, killed victim in broad daylight between 12 and 12:30 p.m. – Earlier, when PW-1 heard some noises he reached the house and saw victim and the accused – In the meantime PW-2 also reached the spot – They both (PW-1 and PW-2) were standing at the entrance of house when the occurrence took place – A written complaint was prepared by PW- 1 and was scribed by PW-4 and same was given in the police station – On basis of which police registered FIR – Trial court acquitted all the accused – During the pendency of the appeal in the High Court, three accused A-1, A-3 and A-6 died and the appeal abated qua them – High Court set aside the judgment of the Trial court and A- 2, A-4 and A-5 were found guilty of having committed offences punishable u/ss.147, 148, 302/149 of the IPC – On appeal before the Supreme Court, the appellants contended that reliance cannot be placed on the statement of the eye-witnesses (PW-1 and PW-2) – Held: The statements of these witnesses (PW-1 and PW-2) were almost identical and there were no major cosntradictions between them – According to PW-1, he was present at the place of incidence and immediately after occurrence dictated the complaint to PW-4 and according to PW-4, he reached the spot at about 12:45 p.m.– Thereafter, PW-1 was sent to police station – The version of PW-1 and PW-2 was corroborated by the version of PW-4, who though not an eye-witness reached the spot at about 12:45 p.m. and then scribed the complaint – Further, medical evidence fully corroborated the prosecution story – According to both the eye-witnesses (PW-1 and PW-2) accused A-2 and A-3 had fired three times each – There were corresponding 6 fire arm entry wounds as per medical report – The Doctor opined that death occurred between 12 and 12:30 p.m. which also supports the prosecution version – The other injuries mentioned by doctor were also relatable – Therefore, the medical evidence fully supported the version of the two eye-witnesses with regard to the injuries caused by firearms and sharp-edged weapons – The evidence of witnesses were corroborated on all counts – No merit in the appeals. |
Judge | Hon'ble Mr. Justice Deepak Gupta |
Neutral Citation | 2019 INSC 1357 |
Petitioner | Ramji Singh & Ors. |
Respondent | The State Of Uttar Pradesh |
SCR | [2019] 14 S.C.R. 253 |
Judgement Date | 2019-12-11 |
Case Number | 1397 |
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