Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Recalling of witness Murder Sections 302 Witness giving false evidence 149 148 IPC |
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-Sections 302 r/w 149 & 148-Murder-On facts, evidence of the eye-witnesses coupled with the medical evidence satisfactorily proved that the accused-appellants had committed the offence as alleged by the prosecution-Hence no reason to interfere with the conviction and sentence of appellants as recorded by the courts below. Criminal Trial: Recalling of witness-Witness examined in-chief and cross-examined fully, could not be recalled and re-examined to deny the evidence he had already given before the Court, even though he had given an inconsistent statement before another Court subsequently. Witness, giving false evidence-Courts should take serious action against such witness. According to the prosecution, PW1, PW2 and father of PW3 were grazing cattle in their fields, when the four accused-appellants allegedly came there alongwith their accomplices armed with various weapons such as axe and lathi and attacked PW3's father and PW2, leading to the death of the former. Sessions Court relying on the evidence of PW1 to PW3 convicted the appellants under Section 302 r/w Section 149 IPC, and also under Section 148 IPC. High Court too accepted the evidence of PW1 to PW3 and accordingly affirmed the conviction and sentence of the appellants. Hence the present appeal. |
Judge | Honble Mr. Justice K.G. Balakrishnan |
Neutral Citation | 2005 INSC 274 |
Petitioner | Mishrilal And Ors. |
Respondent | State Of M.p. And Ors. |
SCR | [2005] Supp. (1) S.C.R. 259 |
Judgement Date | 2005-05-11 |
Case Number | 939 |
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