Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Appeal: Appeal against acquittal – |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Appeal: Appeal against acquittal – In the instant case, eleven accused were tried together for the offences under ss.147,148, 324, 326, 307, 427 and 302 r/ws.149 IPC– Trial Court convicted accused no.1 to 3 u/ss. 148 and 302 of IPC and acquitted accused no.4 to 11 – High Court reversed conviction of accused no.1 to 3 and confirmed the acquittal of accused no.4 to 11 – State and complainant filed appeal against acquittal – Held: With respect to accused no.1 to 3, they were identified by PW1, PW3 & PW6 – They were main assailants – The depositions of the eye-witnesses and injured eye-witnesses showed no major/material contradictions – Merely because the witnesses were the relatives of the deceased, their evidence cannot be discarded – Delay of 7 hours in filing FIR was not fatal to the prosecution case – Even FIR was sent to magistrate within 24 hours as per the provisions of Cr.P.C. – PW6 was an injured eye-witness and his presence cannot be doubted and being an injured eye-witness, his deposition was reliable – High Court committed error in reversing the conviction of accused no.1 to 3 – In respect of accused no.4 to 11, the findings recorded in respect of their acquittal were on appreciation of evidence on record and the view taken by the trial Court acquitting Accused Nos. 4 to 11, which was affirmed/confirmed by the High Court, was a plausible view – Roles attributed to Accused Nos. 1 to 3 and Accused Nos. 4 to 11 were different – Therefore, case of Accused Nos. 4 to 11 was not comparable with the case of Accused Nos. 1 to 3 – No interference called for with concurrent findings of acquittal against accused no.44 to 11 |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2022 INSC 266 |
Petitioner | M. Nageswara Reddy |
Respondent | The State Of Andhra Pradesh And Others |
SCR | [2022] 2 S.C.R. 501 |
Judgement Date | 2022-03-07 |
Case Number | 72-73 |
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