Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860 - s.302 r/w s.34 - Accused persons allegedly formed themselves into an unlawful assembly and assaulted PW-1 and his brother with sword, axe and knife due to political animosity - PW-1 was injured while his brother died at the hospital - Trial Court acquitted all the seven accused . High Court, however, reversed the acquittal of four accused (the appellants) . Justification of - Held: Justified -The findings of the High Court as to the spontaneity of the FIR are fully endorsed - PW-1 is an injured witness and his presence, therefore, cannot be disputed - PW-1 was not an active political worker, and hence question of false implication at his instance, on account of political rivalry, appears to be remote - Even otherwise, it is difficult to believe ยท that PW-1 would have left out the true assailants of his brother. The prosecution story was entirely correct and was fully supported by the evidence of PW 2 and two independent witnesses (PWs 3 and 4). Appeal against acquittal - Scope for interference - Held: The High Court should not interfere in an appeal against acquittal save in exceptional cases - Interference in such an appeal is called for only if the findings of the Trial Court is not borne out by the evidence and is perverse. |
Judge | Hon'ble Mr. Justice H.S. Bedi |
Neutral Citation | 2011 INSC 101 |
Petitioner | Kilakkatha Parambath Sasi & Ors. |
Respondent | State Of Kerala |
SCR | [2011] 2 S.C.R. 540 |
Judgement Date | 2011-02-04 |
Case Number | 1383 |
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