Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Appeal against acquittal Murder |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973 – ss.378, 384 – Appeal against acquittal – Murder of police officer – Appellants acquitted giving benefit of doubt – Acquittal reversed by High Court – On appeal, held: Most of the witnesses turned hostile – PW1-Sub Inspector of Police, the sterling witness of the prosecution had an axe to grind against the accused who had given a complaint against him – It is too strange that he could be a chance witness – Many contradictions in statements made by PW-1 and PW-2-Duty constable – Alleged occurrence was said to have happened at about 5 p.m. on a busy road with heavy traffic however, except the evidence of PW-1 and PW-2, there was no other evidence relied upon by the prosecution – On motive, there was nothing to implicate the accused with motive to murder the deceased – High Court did not undertake the exercise as mandated u/s.378 r/w s.384 in reversing the reasoned decision rendered by the trial court – Penal Code, 1860 – ss.302, 506-B, 120B r/w 34.Code of Criminal Procedure, 1973 – ss.378, 384 – Scope of – Discussed. |
Judge | Hon'ble Mr. Justice M.M. Sundresh |
Neutral Citation | 2021 INSC 879 |
Petitioner | Mohan @srinivas @seena @tailor Seena |
Respondent | The State Of Karnataka |
SCR | [2021] 9 S.C.R. 451 |
Judgement Date | 2021-12-13 |
Case Number | 1420 |
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