Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | criminal murder |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Criminal Law: Indian Penal Code, 1860-Section 302- Offence of Murder-Presence of eye witnesses at the scene of occurence not free from doubt-Investigation in doubt as to the culprit-Introduction of second dying declaration with names of eye witnesses-Despatch of FIR after recording of second dying declaration-Contradictions in two dying declarations-Investigation not free from taint-Material witnesses-Not examined-Whether High Court justified in reversing trial court's decision acquitting the accused-Absconding of accused-Whether per se establishes guilt-Whether accused entitled to benefit of doubt. The appellant was alleged to have fired a shot from his pistol hitting the left flank or one 'C' who rushed inside PW .3's house and hid himself by chaining the door from inside. PW 3 and another person raised alarm, but the appellant escaped from the place or occurrence with his pistol. PW.4 who had also arrived at the spot saw the occurrence. While PW .3 went to the village Police Station and lodged the First Information Report, two other persons took the injured person to the City Civil Hospital, where PW .2, the doctor, attended on the injured person, who remained in the hospital for about 13 days, and ultimately succumbed to the injury. PW.2, who performed the autopsy or the deceased, opined that the death was due to toxemia and shock resulting from peritonitis, as a consequence of fire arm injury in which the small gut was injured, and that the injury was sufficient to cause death in the ordinary course or nature.The appellant was charged under Section 302 IPC and Section 27 of the Arms Act, 1959, for the murder and for making use of a pistol for an unlawful purpose. The appellant was declared absconder. He was arrested when in possession of a pistol 40 months after the incident. The prosecution supported its case .by production of two eye witnesses, PWs 3 and 4. It also introduced two dying declarations, one recorded by PW.14, the then Executive Magistrate, and the second recorded by PW.15 the S.I. of Police Station of the village in which the incident took place. Besides, the fact of accused's absconding after the incident was also pressed into service. The Sessions Judge, placed no reliance either of the occular version or the dying declarations and acquitted the appellant. However, on appeal, by the State, the High Court set aside the acquittal and convicted the appellant under Section 302 IPC and Section 27 of the Arms Act, and sentenced him to life imprisonment and a fine of Rs.2,000 and, in default, a further period of one year's rigorous imprisonment and also one year's rigorous imprisonment respectively |
Judge | Honble Mr. Justice M.M. Punchhi |
Neutral Citation | 1992 INSC 111 |
Petitioner | Rajinder Singh @ Kada |
Respondent | State Of Punjab |
SCR | [1992] 2 S.C.R. 574 |
Judgement Date | 1992-04-21 |
Case Number | 531 |
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