NDLI: Shankar Vs. The State of Maharashtra

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	s. 302 r/w 34 circumstantial evidence Sustainability of IPC
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Indian Penal Code (45 of 1860)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Penal Code 1860: s. 302 r/w 34 – Conviction under, on basis of circumstantial evidence – Sustainability of – Prosecution case that the victim assaulted with sharp weapons, sustained 22 antemortem injuries leading to instantaneous death – On the fateful day, the victim went to the house of PW 8, the accused persons also came there and the appellant in the latter appeal hurled abuses on the victim and asked him why he along with his friend had assaulted his brother, though the victim denied the assault – Later, the accused invited the victim for drinks and all of them left the house of PW 8 on motorcycles – An hour later, the dead body of the victim was found by the complainant – There was no eye-witness – Based on the circumstantial evidence, the trial court convicted the appellants u/s. 302/34 and sentenced them to life imprisonment – High Court upheld the same – On appeal, held: If doubt lingers with respect to the probability or conclusiveness of any circumstance relied on by the prosecution, forming a link in the chain of circumstances pointing to the guilt of convict, despite the existence of concurrent findings, the evidence has to be scrutinized by this Court so as to ensure that the totality of the evidence and circumstances relied on, did constitute a complete chain and it points to the guilt of the convict – On facts, correctness of the last seen version emanating from PW-8 becomes doubtful, especially against the appellants – Oral testimonies of PW-8 and PW-10 are at variance about the last seen and it becomes inconclusive – Prosecution failed to prove the alleged motive – Though the victim met with a homicidal death, it cannot be said that the rest of the circumstantial evidence culled out by the courts below unerringly point to the culpability of the appellants in the homicidal death of the deceased – Even the recovery of the weapon and the dress, at the instance of the appellant not conclusive – Conviction of the appellants cannot be maintained, thus, given benefit of doubt and are acquitted – Evidence.
Judge	Hon'ble Mr. Justice C.T. Ravikumar
Neutral Citation	2023 INSC 234
Petitioner	Shankar
Respondent	The State Of Maharashtra
SCR	[2023] 2 S.C.R. 661
Judgement Date	2023-03-15
Case Number	954

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

Shankar Vs. The State of Maharashtra

Please Log-in to view this content

Balkar Singh Vs. State of Haryana

Smt. Chintambaramma & Anr. Vs. State of Karnataka

Pradeep Vs. The State of Haryana

Sawal Das Vs. State of Bihar

John Anthonisamy @ John Vs. State, Rep. By The Inspector of Police

Anantlal Ghosh Vs. State of West Bengal

State of Rajasthan Vs. Chandgi Ram & Ors.

Krishnan @ Ramasamy & Ors. Vs. State of Tamil Nadu

Madhuban Vs. State of U.p.

Shankar Vs. The State of Maharashtra

Shankar Vs. The State of Maharashtra

Please Log-in to view this content

Similar Documents

Balkar Singh Vs. State of Haryana

Smt. Chintambaramma & Anr. Vs. State of Karnataka

Pradeep Vs. The State of Haryana

Sawal Das Vs. State of Bihar

John Anthonisamy @ John Vs. State, Rep. By The Inspector of Police

Anantlal Ghosh Vs. State of West Bengal

State of Rajasthan Vs. Chandgi Ram & Ors.

Krishnan @ Ramasamy & Ors. Vs. State of Tamil Nadu

Madhuban Vs. State of U.p.

Shankar Vs. The State of Maharashtra