Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Indian Penal Code 1860: Section 302. |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Indian Penal Code, 1860: Section 302. Murder-Eye witnesses-Two witnesses turned hostile-Testimony of complainant-witness-Corroboration of-Evidence of complainant-witness held reliable-Conviction of accused held valid-Reversal of acquittal order by High Court held justified-Evidence Act, 1872. Code of Criminal Procedure,1973: Section 378. Accused-Acquittal-State appeal against-Power of High Court in appeal-Extent of.The appellant was prosecuted under Section 302 of the Indian Penal Code, 1860. The prosecution case was that he committed murder of a woman who was living with him as his wife. The murder was committed in the house of the complainant (PW2) who was tenant of the deceased. At the time of murder, deceased was in the company of the complainant. Besides complainant two girls of the locality were also present at that time. The appellant inflicted as many as 35 injuries on the deceased. Immediately after occurrence complainant lodged the complaint before the police. The accused himself appeared before the police. His blood stained clothes and dagger were seized. During trial only the complainant supported the case of prosecution while the other two girls were declared hostile. The trial court acquitted the accused. It held that (i) the prosecution had failed to connect the accused with commission of the crime; (ii) the seizure of clothes and weapon of offence had not been proved (iii) complainant was an interested witness because he was having illicit relationship with the deceased; and (iv) many other persons had also collected at the scene of crime but name of even one such witness was not mentioned in the FIR. On appeal preferred by State the High Court relied upon the testimony of the complainant and held that the prosecution had successfully established the culpability of the accused in committing the murder at the house of the complainant Hence this appeal. |
Judge | Hon'ble Mr. Justice R.P. Sethi |
Neutral Citation | 2002 INSC 104 |
Petitioner | Harisingh M. Vasava |
Respondent | State Of Gujarat |
SCR | [2002] 2 S.C.R. 57 |
Judgement Date | 2002-02-27 |
Case Number | 1076 |
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