NDLI: Karan Singh Vs. The State of Uttar Pradesh & Ors

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	s.307 r/w s.149 and s.148 1860: s.302 r/w s.149 Penal Code
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Penal Code, 1860: s.302 r/w s.149; s.307 r/w s.149 and s.148 – Conviction of appellant along with other accused by trial court as well as by High Court under the aforesaid sections – Prosecution case was that there was dispute between the prime accused and the victim-deceased over the price of buffalo for which the deceased stopped the prime accused from harvesting his crops – On the fateful day, six accused persons armed with rifles and guns came to the site of occurrence where the deceased had come to collect the price of buffalo – When the deceased asked for money, the prime accused opened fire with his rifle and shot the deceased which hit his head – Thereafter, the associates of prime accused also opened fire from their respective weapons, whereafter complainant and others ran away – One shot hit ‘M’ – Trial Court convicted the accused persons, inter alia, for murder and sentenced them, inter alia, to undergo life imprisonment – While the appeal was pending before High Court, five out of six accused persons died – Only the appellant was alive – High Court did not find any major contradiction either in the evidence of the witnesses or any conflict in medical or ocular evidence, which could tilt the balance in favour of the appellant – Appeal against conviction – Held: The tenor of the evidence of the doctor who conducted the post mortem supported the case of the prosecution witnesses that all the accused persons, who were present, carrying arms had fired – The injured witness ‘M’ may not have specifically named the appellant – However, two of the other eyewitnesses, that is, PW2 and PW3 confirmed that he was present at the place of occurrence and was carrying rifle – PW3 saw appellant fire – Prosecution was required to prove its case beyond reasonable doubt, which it did – The fact that one of the injured witnesses may not have mentioned the name of appellant would not demolish the evidence of the other witnesses – No ground to interfere with the concurrent findings of the Trial Court and the High Court.
Judge	Hon'ble Ms. Justice Indira Banerjee
Neutral Citation	2022 INSC 253
Petitioner	Karan Singh
Respondent	The State Of Uttar Pradesh & Ors
SCR	[2022] 2 S.C.R. 473
Judgement Date	2022-03-02
Case Number	327

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