Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 34 and 120-B – 1860 –ss. 302 Penal Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860 – ss. 302, 34 and 120-B – Indian Arms Act, 1959 –s.25 – The present appellant-original accused no.1 along with two persons (‘D’ and ‘P’) were tried for having committed murder of PW-12’s son – FIR was registered against the accused persons at the instance of PW-12 (father of deceased) – Recovery memo of weapon was prepared – Trial Court convicted accused no.1 and ‘D’ of offence punishable u/s. 302/34 IPC and acquitted ‘P’ of all charges – On appeal against conviction High Court affirmed the view taken by trial Court – Accused ‘D’ preferred SLP challenging his conviction and sentence, which was rejected by the Supreme Court – Appellant-accused no.1 thereafter approached Supreme Court against the judgment of High Court contending that the identity of the accused persons was not established – Held: PW12 and PW-15 (mother of deceased) were not aware of the identity of the assailants – Their source of information was rumours, on basis of which an assertion about the identity of the appellant was made in FIR – Therefore, assertions in the FIR and examination-in-chief of witnesses are not trustworthy – PW-12 in his examination in chief asserted that his wife (PW-15) informed him that on the day previous to incident two accused persons came to their house asking about their son, while he was away – Whereas, PW-15 had not asserted in her examination-in-chief that two accused had come to her house on previous day hence, there was no occasion for her to have seen the appellant earlier – Furthermore, no Test Identification parade was conducted – Box identification for the first time in court is not reliable in itself to establish the identity of the assailants – Evidence of recovery is not in itself sufficient in absence of substantive evidence – Prosecution failed to establish its case beyond reasonable doubts – Appellant acquitted – Similar benefit of doubt extended to the accused ‘D’ and acquittal granted. |
Judge | Honble Mr. Justice Uday Umesh Lalit |
Neutral Citation | 2022 INSC 139 |
Petitioner | Suryavir |
Respondent | State Of Haryana |
SCR | [2022] 2 S.C.R. 1 |
Judgement Date | 2022-02-03 |
Case Number | 177 |
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