NDLI: Shahaja @ Shahajan Ismail Mohd. Shaikh Vs. State of Maharashtra

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Penal Code 1860
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 Referred Case 13
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Penal Code, 1860 – s. 302 – Murder – Evidence – Ocular evidence – Discovery of fact in consequence of an information received from accused – Victim-deceased and appellant were working as labourers – Prosecution case that quarrel ensued between the victim and the appellant on the night of 10.12.2006, which was witnessed by PW-1 and PW-8 – Appellant assaulted victim with a hammer on his head – Victim died – Trial Court relied upon the oral testimony of the PW-1, PW-8 and the evidence of discovery of weapon i.e. hammer and convicted appellant – High Court concurred with the findings of the trial Court and dismissed the appeal – On appeal, held: In assessing the value of the evidence of the eyewitnesses, two principal considerations are whether, in the circumstances of the case, it is possible to believe their presence at the scene of occurrence or in such situations as would make it possible for them to witness the facts deposed to by them and secondly, whether there is anything inherently improbable or unreliable in their evidence – In respect of both these considerations, the circumstances either elicited from those witnesses themselves or established by other evidence tending to improbabilise their presence or to discredit the veracity of their statements, will have a bearing upon the value which a Court would attach to their evidence – In the instant case, there is nothing palpable or glaring in the evidence of the two eyewitnesses on the basis of which the Court can take the view that they are not true or reliable eye-witnesses – Both the Courts below rightly believed the two eye witnesses i.e. PW-1 and PW-8 – As far as discovery of weapon is concerned, in the absence of exact words, attributed to an accused person, as statement made by him being deposed by the Investigating Officer in his evidence, and also without proving the contents of the panchnamas, the trial Court was not justified in placing reliance upon the circumstance of discovery of weapon – However, the conduct of the appellant herein would be relevant u/s. 8 of the Evidence Act – Evidence Act, 1872 – ss. 8 and 27.Constitution of India – Exercise of power under Art.136 in criminal appeals – Discussed
Judge	Hon'ble Mr. Justice J.B. Pardiwala
Neutral Citation	2022 INSC 725
Petitioner	Shahaja @ Shahajan Ismail Mohd. Shaikh
Respondent	State Of Maharashtra
SCR	[2022] 12 S.C.R. 196
Judgement Date	2022-07-14
Case Number	739

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