Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 164 CR.P.C 307 Arms Act 1959 ss. 302/149 IPC ss. 161 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) Arms Act, 1959 (54 of 1959) Indian Penal Code (45 of 1860) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860 – ss. 302/149, 307 – Arms Act, 1959 – Code of Criminal Procedure, 1973 – ss. 161, 164 – The case of prosecution was that the accused persons, entered into the house of the PW-1 and her sister and had caused the death of the four of their family members – In the course of committing the offence, the accused persons also inflicted the injuries upon the PW-1 and her sister – Presuming them to be dead, the accused persons left the house – Thereafter, the PW-1 and her sister came out of the house shouting and the villagers and the accused persons reached but since they were frightened of the accused persons, they both deliberately concealed the names of the accused persons and upon being asked by the accused persons that whether they have seen someone, they told them that they haven’t seen anyone – After that the names of the accused persons were disclosed to the investigating officer by PW-1 and thereafter the investigation were carried out and the charge-sheet were filed against the accused persons – The trial court, taking into consideration the evidence adduced convicted the accused persons of the death sentence along with other lesser punishments for other offences – Aggrieved by it, the accused persons approached the High Court – High Court affirmed the sentence imposed by the trial court but commuted the death penalty to life imprisonment – On appeal, held: PW-1 is an injured witness and there is no reason why PW1 would make false implication and allow the real assailants to go scotfree – Also, a perusal of her testimony shows that she has fully supported the prosecution story as narrated by her in her statement under section 161 CrPC and even during cross-examination nothing was elicited from her which in any way may weaken or demolish her testimony and therefore, she was a fully reliable witness and has stated the things in natural course – Non-disclosure of the name of the accused persons by the PW-1 was a wise step on her part as they were close relatives of her and such non-disclosure was done for protecting her own life. |
Judge | Hon'ble Mr. Justice Vikram Nath |
Neutral Citation | 2023 INSC 127 |
Petitioner | Ajai Alias Ajju Etc. Etc |
Respondent | The State Of Uttar Pradesh |
SCR | [2023] 3 S.C.R. 930 |
Judgement Date | 2023-02-15 |
Case Number | 598 |
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