Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Appeal against acquittal: Interference |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Appeal against acquittal: Interference with – Prosecution case that 13 accused along with 10-12 persons armed with weapons, forcibly entered the house of the informant and hurled abuses, inflicted informant’s brother with injuries who later succumbed to his injuries – Informant also suffered injuries when he tried to intervene – Conviction of 13 accused in respect of offences punishable u/ss. 147, 148, 149, 450 or 450/149, 452 or 452/149, 302 or 302 rw ss. 149, 307 or 307 rw 149 IPC on basis of the eye witness account – High Court upheld the conviction and sentence against A2 and A3, however, acquitted the remaining 11 accused – On appeal, held: Even if the testimony of single witness is found reliable by the Court, it can be the foundation of the order of conviction – On facts, evidence of the informant-brother of the deceased itself would normally be sufficient who received injuries in the transaction and his presence could not be doubted – Furthermore, on entirety, consistent and cogent eyewitness account – Presence of the prosecution witnesses who were examined as eyewitnesses to the occurrence, cannot be discredited – Five eyewitnesses testified to the presence and participation of the accused – Thus, in the face of such clear, consistent and cogent evidence on record, the High Court not justified in not relying on the evidence of the eyewitnesses without giving any valid reasons – Order of acquittal manifestly erroneous and perverse – Accused A1, A6, A7, A8, A10 and A13 were attributed certain overt acts not only by PWs 1 and 27 but at least by one more witness, thus, their acquittal is set aside and order of conviction and sentence is restored whereas rest of the accused are given benefit of doubt and their acquittal is confirmed – Penal Code, 1860 – ss 147, 148, 149, 450 or 450/149, 452 or 452/149, 302 or 302 read with ss. 149, 307 or 307 rw 149 – Evidence – Eye-witnesses – Code of Criminal Procedure, 1973 – s. 378. |
Judge | Honble Mr. Justice Uday Umesh Lalit |
Neutral Citation | 2021 INSC 782 |
Petitioner | State Of Rajasthan |
Respondent | Bablu @ Om Prakash |
SCR | [2021] 7 S.C.R. 450 |
Judgement Date | 2021-11-24 |
Case Number | 1475 |
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