Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860 – s. 302 – Death by poisoning alleged – Circumstantial evidence – As per the prosecution, PW-1-informant’s wife died after consuming the milk brought from the appellant, residing in the neighbourhood and carrying on the business of dairy farm and selling milk – Appellant convicted u/s. 302 – On appeal, held: In the present case, chain of evidence has many missing and weak links – None of the essential ingredients to record conviction in a case of circumstantial evidence and that of poisoning case are made out – Prosecution has not established the charge beyond reasonable doubt so as to record conviction u/s. 302 – It has failed to bring home the guilt – Both the courts below committed error in recording conviction – Appellant extended benefit of doubt – Judgments of the High Court and the Trial Court set aside – Appellant acquitted. Criminal Law – Case of poisoning – Circumstantial evidence – Principles laid down in Sharad Birdhichand Sarda vs. State of Maharashtra reported as Held: In a case of circumstantial evidence, the five golden principles as laid down by this Court in Sharad Birdhichand case have remained unaltered and are still followed – With respect to the case of poisoning, four important circumstances for recording a conviction were further laid down – These principles have also remained unaltered. |
Judge | Hon'ble Mr. Justice Vikram Nath |
Neutral Citation | 2022 INSC 858 |
Petitioner | Rajbir Singh |
Respondent | The State Of Punjab |
SCR | [2022] 11 S.C.R. 80 |
Judgement Date | 2022-08-24 |
Case Number | 2152 |
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