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 rlw s.149 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860 - s.302 r/w s.149 and ss.147, 148 and 379 - Murderous assault on father of PW1 with fire-arms and lat his - Five accused - Prosecution case entirely resting upon direct evidence of PWs 1,2 and 3 - PW 1 stating details of the incident in his FIR - Conviction of all accused by Courts below - On appeal by two convicts, held: Sequence of events clearly indicate that FIR was not ante-timed and ante-dated as alleged by defence - Nothing unnatural about conduct of PW-1 - He gave detailed version as to manner of assault and role played by each accused - PW-2 and PW-3 were independent witnesses and their testimony fully corroborated with testimony of PW-1 - Presence of PW-1 at the scene of offence cannot be considered doubtful merely because he made no attempt to save his father from being further assaulted - PW-1 may not have mustered courage to risk his own life - Response in such situations may differ from person to person - Common object of unlawful assembly is evident from fact that some of them were armed with deadly weapons - None of them were curious onlookers or spectators - Conviction maintained.Code of Criminal Procedure, 197 3 - s.157 - Despatch of Special Report by SHO to local Magistrate - Time limit for - Held: No universal rule as to within what time Special Report required to be despatched - Each case turns on its own facts - Delay in despatch of FIR by itself not a circumstance which can throw out prosecution case in its entirety, particularly when cogent and reasonable explanation for such delay is provided.Evidence - Medical opinion v. Ocular evidence - Held: Ocular evidence if otherwise acceptable has to be given importance over medical opinion. According to the prosecution, five persons including the two Appellants assaulted the father of PW1 with guns and lath is while he was returning to his village on a motorcycle which resulted in his death. Both Trial Court and the High Court convicted all the accused persons including the Appellants. Appellant No.1 was convicted under Section 302 r/w 149 and Section 148 IPC, while Appellant No.2 was convicted under Section 302 r/w 149 IPC and under Sections 147 and 379 IPC. In appeal to this Court, the conviction of Appellants was primarily challenged on the ground that the FIR lodged by PW-1 was ante-timed and ante-dated and brought into existence after due deliberations and considerations with the police. |
Judge | Hon'ble Mr. Justice R.Subhash Reddy |
Neutral Citation | 2007 INSC 1154 |
Petitioner | Mahmood And Anr. |
Respondent | State Of U.p. |
SCR | [2007] 12 S.C.R. 51 |
Judgement Date | 2007-11-15 |
Case Number | 402 |
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