Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860:Penal Code there was previous enmity between parties-Eye-witnesses related to deceased-Thus neither torch nor lantern seized by I. 0. during investigation nor produced before court-Also Penal Code 1860: ss.3021149 prosecution case E full of doubts-Accused persons entitled to benefit of doubt. assaulted informant with pistol on head and another with lathi-Challenge against-Held: Medical evidence completely ruled out prosecution version that injuries were caused by firearms-No pellet/bullet recovered from place of incident or from D body of deceased--Incident took place at night-Witnesses stated that they recognised accused persons in torch-light/lantern-light-However 4521148-Conviction under-Based on evidence of eye-witnesses that accused persons entered house of deceased andfired at him resulting in his death |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860:ss.302/149, 452/148 - Conviction under - Based on evidence of eye-witnesses that accused persons entered house of deceased and fired at him resulting in his death, assaulted informant with pistol on head and another with lathi - Challenge against - Held: Medical evidence completely ruled out prosecution version that injuries were caused by firearms - No pellet/bullet recovered from place of incident or from body of deceased - Incident took place at night - Witnesses stated that they recognised accused persons in torch-light/lantern-light - However, neither torch nor lantern seized by I.O. during investigation nor produced before court - Also, there was previous enmity between parties-Eye-witnesses related to deceased - Thus, prosecution case full of doubts - Accused persons entitled to benefit of doubt.Evidence:Medical evidence - Primacy of, over ocular evidence - When given - Held: In the event of variance between medical evidence and ocular evidence, ocular evidence to get primacy but when court finds ocular evidence totally inconsistent to that given by medical experts, then medical evidence would assume importance and have priority over ocular version and can be used to repel testimony of eye-witnesses as it goes to the root of matter.Related witness - Testimony of - Evidentiary value of.Prosecution case was that there was animosity between the families of PW-9 and A-2. On the fateful night, accused persons A-1 to A-5 and 5-6 other persons entered the house of deceased. A-1, A-2 and A-5 were carrying pistols. A-3 was carrying gun and other persons were carrying swords and lathis. A-2 fired at deceased which resulted in his death. A-1 fired at PW-9 informant on exhortation of A-3. One of miscreants sprinkled kerosene on PW-6 and searched for a match box to set fire on his body. PW-5 was assaulted with a lathi. While leaving, the miscreants took away some articles from the house. The Sessions Judge convicted all the accused persons under s.302 read with s.149 and under ss.452 and 148 IPC. A-1 and A-4 were further convicted under s.323 IPC. Appeals filed by accused persons before the High Court were dismissed. Hence these appeals. |
Judge | Hon'ble Mr. Justice P.P. Naolekar |
Neutral Citation | 2007 INSC 1202 |
Petitioner | Kapildeo Mandal And Ors. |
Respondent | State Of Bihar |
SCR | [2007] 12 S.C.R. 668 |
Judgement Date | 2007-11-29 |
Case Number | 432-433 |
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