Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860 |
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 r/w s.149 and s.148 – Murder – Informant was sitting with his brother, the deceased, on a cot when the six accused persons allegedly arrived at the scene – Allegation that A-3 and three other accused, who were armed with pistols, fired at the deceased, while one other accused ‘SD’, who was armed with an axe, and A-6, who was armed with knife, assaulted deceased on his neck – Sessions Judge convicted all six accused u/s.302 r/w 149 and 148 IPC – High Court confirmed the conviction – On appeal by A-3 and A-6, held: On facts, the presence of both PW-1 and PW2 at the spot was gravely in doubt – There were material contradictions in the evidence of both PW-1 and PW-2, which were not noticed either by the Sessions Judge or by the High Court – Though the prosecution is not obligated to examine every witness who is alleged to have been present at the site or the scene of the offence, yet in context of the facts, the failure to examine the father of the deceased who was allegedly sitting in close proximity, assumes significance – Appellants (A-3 and A-6) accordingly entitled to benefit of doubt and are acquitted. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2022 INSC 127 |
Petitioner | Subhash |
Respondent | State Of Uttar Pradesh |
SCR | [2022] 2 S.C.R. 258 |
Judgement Date | 2022-02-01 |
Case Number | 158 |
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