NDLI: Rahul Vs. State of Haryana

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Indian Penal Code 1860
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
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	Indian Penal Code, 1860 – s.302 r/w. s.34 – Arms Act, 1959 – s.25(1B)(a) – Prosecution case was that the appellant-accused suspected that his wife was in illicit relation with the victim-deceased – The appellant informed his father-in-law and his brother-in-law about the same and all three of them decided to eliminate the victim- deceased – All three of them had taken victim-deceased to a hill and fired on him and thereafter thrown him in a pit – A telephonic message regarding the body was received in Police station – After receiving the said information, the police officials reached the spot – The inspecting officers found marks of dragging of the deceased on the kacha road which was going towards the hill and on checking of the dead body, they also found two fire-arm shots on both sides of waist along with other injuries – FIR was registered u/s. 302 r/w. s.34 IPC and s.25 of the Arms Act – News item along with a photograph of the deceased was published for identification of the body – The body was identified by PW-12-mother of deceased and PW-3-brother of deceased – After recording their statements and collecting necessary evidence, the appellant and his father-in-law were arrested – The other accused brother-in-law of appellant absconded – Both PW-3 and PW-12 stated that victim was taken by the appellant and his brother-in-law from a bus stop – Further, on basis of the disclosure statement of the appellant, a country made pistol and two live cartridges were recovered from the house of his bua-DW-1 – The Trial Court found both appellant and his father- in-law guilty for offence u/s. 302 r/w. s.34 and appellant also guilty u/s.25 of the Arms Act – The High Court confirmed the conviction of appellant and acquitted his father-in-law – Aggrieved, the appellant filed an appeal before the Supreme Court – Held: There is no reason to disbelief the recovery of weapon from the residence of DW-1 – Further, as per the FSL report, the country made pistol .315 bore used by the appellant was found in working order and both the fired cartridges recovered from the spot and fired bullet taken out from the body of the deceased were found fired from the country made pistol recovered at the instance of appellant-accused – PW-5-doctor had deposed that the cause of death was because of fire-arm injuries and he had clearly stated that the fired bullet which was marked as Ex.P1 was same which was taken out from the body of the deceased – As far as testimony of PW-3 and PW-12 is concerned, merely because they are related, by itself is no ground, to reject their testimony – A close relative who is natural witness cannot be regarded as an interested witness – It is fairly well settled proposition that even the evidence of interested person can also be considered provided such evidence is corroborated by other evidence on record – There is a complete chain of evidence which would lead to irresistable conclusion that the appellant-accused has committed the offence.
Judge	Hon'ble Mr. Justice R.Subhash Reddy
Neutral Citation	2021 INSC 145
Petitioner	Rahul
Respondent	State Of Haryana
SCR	[2021] 2 S.C.R. 499
Judgement Date	2021-03-03
Case Number	262

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