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 r.w. s.34-Accused called deceased to this |
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.34 - Accused called deceased to this house - Deceased later found dead in the house of accused - Courts below convicted accused u/s.302 - Justification of - Held: Justified as chain of circumstances was complete to connect accused with the crime - Evidence - Circumstantial evidence.Judgment/Order : Remarks in the record - Deletion of - Trial Court negatived the assertion of PW1 that he was eye-witness of murder of his father - Court farther remarked that witness had falsely concocted certain facts - On facts and circumstances, remarks found unnecessary and uncalled for Ordered to be deleted from the record. Prosecution case was that on the fateful day, the appellant came to the house of deceased and asked him that one S was calling him. The deceased went with the appellant He did not return till afternoon whereafter PW-1-son of deceased went to the house of appellant for calling his father, where he saw that appellant was mounted on the chest of the deceased and S chopped off the neck of the deceased. As a result, deceased died on the spot. PW-1 lodged FIR. Both the accused were charged for offence punishable under s.302 r.w. s.34 IPC. The trial Court held that deceased died homicidal death and that from the facts and circumstances of the case, it could not be said that PW1 had seen the incident. But, considering the circumstances in their entirety, including the testimony of PW4 who was an independent witness, the trial Court held that the chain of circumstances was complete to connect the appellant with the crime, however, as there was no reliable evidence against co-accused S (accused No.1), he was acquitted. On appeal, High Court confirmed the conviction of the appellant. Hence the present appeal. |
Judge | Hon'ble Mr. Justice C.K. Thakker |
Neutral Citation | 2007 INSC 870 |
Petitioner | Raghunandan |
Respondent | State Of Madhya Pradesh |
SCR | [2007] 9 S.C.R. 475 |
Judgement Date | 2007-08-27 |
Case Number | 1439 |
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