Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Murder Penal Code 1860 – s.302 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860 – s.302 – Murder – Deceased was allegedly assaulted with a club – Prosecution case primarily based on evidence of PW5 (deceased’s wife) – Trial court acquitted accused-appellant as well as the co-accused – Acquittal of appellant reversed by High Court – Conviction of appellant challenged – Held: On facts, evidence of PW5 cannot be accepted in full – There were contradictions in PW5’s deposition as regards her having seen appellant at the spot of occurrence – PW5 was not a witness to actual act of assault – As a witness, she did not inspire confidence – No cogent evidence demonstrating that the club seized was used to assault the deceased – Proof of commission of offence by circumstantial evidence of discovery of club- the weapon of assault, not acceptable – Even if prosecution case that accused persons were seen by PWs is accepted, that would be too thin a piece of evidence to convict appellant u/s.302 IPC applying the principle of ‘res gestae’ – The first court of facts (trial court) on appreciation of evidence had acquitted the appellant – No major lacuna in its reasoning which would have warranted interference by the Appeal Court (High Court) for reversing such finding into that of guilt – Acquittal of appellant by trial court accordingly sustained. Evidence – Possible visibility of accused – Relevance of – Murder case – Three PWs deposed to have seen the accused persons at the same location while running away from the place of occurrence – Held: Evidence on whether that location was visible from the spots PWs were at the material point of time, cannot be discarded as being irrelevant. Evidence – Res Gestae – Murder case – Three PWs deposed to have seen accused-appellant and the co-accused at the same location while running away from the place of occurrence – Held: On facts, even if the two accused persons were so seen by the PWs, that would be too thin a piece of evidence to convict appellant u/ s.302 IPC applying the principle of ‘res gestae’ – Doctrines / Principles – Principle of ‘res gestae’ – IPC – s.302. Evidence – Circumstantial Evidence – Discovery of weapon of assault – Murder – Death allegedly caused due to assault with a club – Seizure of club – Effect and relevance of – Held: Club is a common implement which can be found at random in rural households – On facts, there was absence of cogent evidence demonstrating that the club seized was used to assault the deceased – Thus, prosecution story, seeking to establish commission of offence by circumstantial evidence of discovery of club - the weapon of assault, not acceptable. |
Judge | Hon'ble Mr. Justice Aniruddha Bose |
Neutral Citation | 2021 INSC 290 |
Petitioner | Mallappa |
Respondent | State Of Karnataka |
SCR | [2021] 5 S.C.R. 1 |
Judgement Date | 2021-05-07 |
Case Number | 1993 |
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