Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860: s.302 r/w s.34 – Murder |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Arms Act, 1959 (54 of 1959) Indian Evidence Act, 1872 (1 of 1872) Indian Penal Code (45 of 1860) |
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 Referred Case 8 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Case Disposed Off |
Headnote | Penal Code, 1860: s.302 r/w s.34 – Murder – Circumstantialevidence – Political rivalry – Incident on election day – Prosecutioncase was that victim-deceased was election agent of the losingcandidate – Accused A-1 and A-2, both supporters of losingcandidate came to the house of deceased and asked him toaccompany them on the pretext that the losing candidate was falselyimplicated in a criminal case and, so they would also falsely involvethe winning candidate in a counter case – On the way, A-3 alsojoined them – At 4 a.m., PW-14 while waiting for conveyance sawA-1 to A-3 and the deceased going in auto rickshaw – The deceasedwas taken to abandoned house where he was shot by A-1 and A-2 –Thereafter A-1 and A-2 took the deceased to hospital where he died– A-2 lodged FIR narrating that while they were going on foot, themembers of the winning party fired a shot at them which hit thevictim – Ten days after the incident, all the accused-appellantsconfessed their guilt before PW-16 – Trial court convicted theaccused persons – High Court upheld the order of trial court – Onappeal, held: It is well settled that motive is an important aspect incircumstantial evidence case – In this case, it is not convincing thataccused would kill their own person with a motive to foist a falsecase on the son of the winning candidate – There were materialimprovements in the statements of the wife of the deceased, whichmade her statement unreliable and doubtful – The conduct of thewife of deceased in keeping quiet and not stopping her husbandfrom accompanying the accused even though knowing well thather husband was being taken for shooting somebody, does not fitwith the natural human behavior to inspire any confidence – Therewas no direct evidence which led the prosecution to clearly provethat deceased was shot at the abandoned house as alleged – Thus,prosecution could not establish its case beyond reasonable doubt –Conviction set aside. |
Judge | Honble Mr. Justice N.V. Ramana |
Neutral Citation | 2018 INSC 734 |
Petitioner | Suresh And Anr |
Respondent | State Of Haryana |
SCR | [2018] 9 S.C.R. 959 |
Judgement Date | 2018-08-21 |
Case Number | 1445 |
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