Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Public Prosecutor independent witnesses |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Code of Criminal Procedure, 1973-Sections 226, 231, 313, 379- During the course of trial, Public Prosecutor not examining the only two independent witnesses having learnt that those two witnesses would speak against the prosecution version-Propriety of-Held, if the Public Prosecutor knew that certain persons cited by the investigating agency as witnesses might not support the prosecution case, he is at liberty to state before the court that fact and skip those witnesses being examined as a prosecution witness-If the version which any particular witness might speak in court is not in support of the prosecution case, it would be unreasonable to insist on the Public Prosecutor to examine those persons as witnesses for prosecution-Public Prosecutor is expected to produce evidence in support of the prosecution and not in derogation of the prosecution case.Penal Code, 1860-Sections 302/34-Appellants being variously armed converging at the bus stop waiting for the return of the deceased after his day's work and after one of them having shot him, all joining together in inflicting blows on the fallen victim and also on his wife and son who rushed to the deceased's rescue-The appellants then jointly dragging the deceased up to the pyre and setting him ablaze-Held, on a scrutiny of the evidence there is no doubt that all the appellants are liable to be convicted of the offences of murder-Conviction and sentence awarded by the High Court, affirmed. |
Judge | Hon'ble Mr. Justice K.T. Thomas |
Neutral Citation | 2000 INSC 446 |
Petitioner | Hukam Singh And Ors. |
Respondent | State Of Rajasthan |
SCR | [2000] Supp. (3) S.C.R. 284 |
Judgement Date | 2000-09-14 |
Case Number | 261 |
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