Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973: |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Code of Criminal Procedure, 1973: Appeal against acquittal - In an appeal against conviction u/ss. 302/34 and 201 IPC High Court finding prosecution evidence contradictory and unreliable - Besides, dead body found after one month from a pond - Identity based solely on clothes worn by corpse - Ocular evidence not supported by autopsy report - Acquittal by High Court - Appeal against - HELD: Keeping in view the principles with regard to appeal against acquittal, on facts, the findings arrived at by High Court and order of acquittal do not suffer from any infirmity to warrant interference - Penal Code, 1860 - ss. 302/34 and 201 - Constitution of India - Article 136.Three accused-respondents were prosecuted under ss. 302/34 and 201 IPC. The prosecution case was that on the day of incident, when after the day's work, PW-I, the informant, along with her husband and their son PW-7, were returning home at about sunset, the three accused armed with 'gandasa, ballam and lathi' came from behind and attacked her husband. Hearing their cries some villagers reached there, but as they were chased by the accused they abandoned the scene. The accused dragged the victim by his feet Later, PW-1 was said to have returned to the place of incident with the village chowkidar but they could not locate the body of the deceased. PW-1 lodged the FIR the following day at 9.15 A.M. A decomposed body was said to have been recovered from a pond at the instance of the chowkidar of the village after a month and it was identified by PW-1 as of her husband solely on the basis of the clothes worn by the corpse. The trial court convicted the accused of the offences charged and sentenced them, inter alia, to imprisonment for life.In appeal before the High Court, the accused reiterating their challenge to the identity of the dead body, submitted that the autopsy report indicated that the body bore no marks of injury, cut or fracture; and that the scalp and most of the organs below the neck to the wrist were found missing. The High Court found that PW-4, who was produced as eye-witness, resiled from the statements made during the investigation; statements of PW-1 were contradictory and her evidence was totally unreliable; her conduct during the trial was not above board; though she was married to the deceased, but at the time of incident she was not living with him; the investigating officer admitted that seals of two containers in which blood stained earth and samples had been kept were found to be tampered with; he did not produce the case diary. The High Court further held that in the absence of any definite material to prove that the dead body recovered was that of the deceased, prosecution version was doubtful; the evidence of the child witness (PW-7) who was 5-6 years of age at the time incident, i.e. two years before his deposition in Court, was not reliable as he appeared to have been tutored. In these circumstances, the High Court held that the prosecution failed to establish its case, and acquitted the accused of all the charges. Aggrieved, the State filed the instant appeal. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2007 INSC 892 |
Petitioner | State Of Uttar Pradesh |
Respondent | Ram Veer Singh And Ors. |
SCR | [2007] 9 S.C.R. 689 |
Judgement Date | 2007-09-05 |
Case Number | 448 |
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