Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860-Section 302 Penal Code |
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-Section 302-Appellant along with other accused tried for murder-Upon information of appellant while in custody, search made and a pistol recovered-Empty cartridges also found near the dead body-Appellant found guilty of murdering deceased while other accused were acquitted-Held, there are several discrepancies and shortcomings in evidence which considerably corrode credibility of the prosecution version-Prosecution not being able to show that the pistol recovered was the one which was used for commission of the offence-Custody of empty cartridges purported to have been recovered from the spot, not established-Conflicting evidence of witnesses as to the sealing of pistol, empty cartridges, etc. found at the spot be.fore being sent to the expert for examination--Appellant held entitled lo acquittal.Evidence- Appreciation of.Recovery from an open space-Credibility of-Recovery of pistol upon information by accused in custody-Recovery having been made from an open space accessible and visible from the place where the dead body was lying and at close proximity-Held, it is improbable that the police official could have missed the weapon and would wait.for about 3 weeks when the purported information was given by the accused. Further, when the witnesses who were supposed to have witnessed recovery have turned hostile, the evidence relating to alleged recovery is of really on consequence.Indian Evidence Act. 1872-Section 27-Scope and ambit of discussed. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2004 INSC 88 |
Petitioner | Anter Singh |
Respondent | State Of Rajasthan |
SCR | [2004] 2 S.C.R. 123 |
Judgement Date | 2004-02-05 |
Case Number | 1105 |
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