Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Murder ss.147 149 and 302 148 IPC Acquittal of accused by the High Court Medical and ocular evidence |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860 – ss.147, 148, 149 and 302 – Murder – Acquittal of accused by the High Court – Prosecution case was that PW-1, his father, mother and maternal uncle-PW-4 were going on a tractor and PW-2 was following them on a cycle – Father of PW-1 was driving the tractor, when they found that a bullock cart had blocked their passage – The tractor stopped near the bullock cart – The accused persons, who were hiding, armed with pistols and other sharp-edged weapons attacked father of PW-1 – Consequent to which, father of PW-1 died – FIR was lodged u/ss. 147, 148, 149 and 302 IPC – The Trial Court convicted accused persons u/s.302 r/w. ss.148 and 149 IPC – However, High Court acquitted the accused – On appeal, held: There were material variations in the evidence of PW-1 and PW-2 – There were contradictions in the evidence of PW-1 and PW-2 as to who wrote the report in the police station – PW-1 stated that he, his mother, maternal uncle and one ‘IS’ went to the police station and report was written by ‘IS’ – There was no mention of PW-2 by PW-1, however, PW-2 stated that he had also gone to the police station and stated in his cross-examination that report was written by PW-1 – PW-4, one of the witness, turned hostile – PW-1, his mother, PW-4 and PW-2 after the incident did not rush to the hospital with the victim and post-mortem report revealed that the body reached the hospital next day in the afternoon – These aspects strengthened the judgment of the High Court – Another contradiction came from the testimony of PW-2, who stated that one of the accused fired the shot from behind after climbing in the tractor which had struck at the back of deceased whereas PW- 1 deposed that all the accused stood at front and all three had fired the shot – The gunshot injury no.4 at the back of deceased remained unexplained – Further, no role was attributed to the two accused persons, however, when evidence opened PW-1 had gone on to attribute specific overt act to them also – PW-2 had also stated that he and other relatives had left the tractor at spot and had not taken it to the police station to lodge the report as the dead body was on it – On the other hand, according to PW-5-investigating officer, the site of the dead body was the paddy field – Considering the apparent variations in the evidence, the appellant was not able to make out a case to interfere with the judgment of the High Court – Resultantly, appeals were dismissed. |
Judge | Hon'ble Mr. Justice K.M. Joseph |
Neutral Citation | 2019 INSC 1221 |
Petitioner | State Of Uttarakhand |
Respondent | Darshan Singh |
SCR | [2019] 14 S.C.R. 338 |
Judgement Date | 2019-11-07 |
Case Number | 1856 |
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