Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Indian Penal Code 1860: Sections 120B and 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: Sections 120B, and 302 Murder: Testimony of eye witnesses-Cogent reliable and confidence inspiring-Concurrent findings of Court below as to guilt of accused-Conviction held justified-Held, no interference called for with impugned judgment on facts FIR was not ante-timed-Non-mentioning of FIR No. and name of eye witnesses in Inquest Panchanama insignificant-Withholding of report of finger print expert facts not relevant. The appellants were prosecuted under Sections 120B, 452 and 302 of the Indian Penal Code, 1860 and also under Section 25(1)(b) of the Arms Act. All the three accused who are related to each other were alleged to have committed a murder pursuant to criminal conspiracy hatched by them. The motive for the crime was enmity between deceased and accused as the deceased was considered an impediment in love affair between 'N' and 'M', the former being daughter of sister of one of the accused. The prosecution case was that on 7.2.1993 at about 1.00 p.m. accused persons came in their maruti car to the farm of the deceased. They assaulted the deceased with sharp edged weapons and gave several blows one after the other. The incident was witnessed by PW 1, nephew of the deceased and PW 12, the cook. First Information Report was lodged by PW 1 on 7.2.1993 at 2.40 p.m. in which the time of occurrence was stated to be 1.15 p.m. After taking his statement PW 1 was sent to the police station where detailed complaint was recorded. Therefore, in the inquest panchanama (Exh. P 37) which was stated to have started at 3 p.m. and completed at 3.45 p.m., the name of the complainant or the number of the FIR was not mentioned. However, in the Panchanama (Exh. P. 32) stated to have been recorded between 4 to 6 p.m., the name of PW 1, and FIR no. are specifically mentioned. Trial Court convicted the appellants of the offences charged and the High Court upheld their conviction. In appeal to this Court it was contended on behalf of the appellants that circumstances of the case probabilise that the FIR was ante-timed for planting introduction of eye-witnesses; (ii) the statement made by Doctor in his cross-examination that death had occurred within 9-12 hours before the postmortem examination shows that deceased must have died much before 1.15 p.m.; (iii) the FIR number and the name of witnesses are not mentioned in the Inquest Panchanama; (iv) Adverse inference should be drawn against prosecution because the opinion of finger print expert has been withheld; (v) the deceased was indulging in satta betting for riots by anti-social elements and therefore there was a probability of some other people having committed the offence. For this reliance was placed on an advertisement for satta as well as on the fact that blood stains were found on a number of places in the house of the deceased which suggested that occurrence had not taken place outside the house as alleged. |
Judge | Hon'ble Mr. Justice R.P. Sethi |
Neutral Citation | 2002 INSC 128 |
Petitioner | Rajesh @ Raju Chandulal Gandhi And Anr. |
Respondent | State Of Gujarat |
SCR | [2002] 2 S.C.R. 304 |
Judgement Date | 2002-03-07 |
Case Number | 252 |
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