Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860-Section 302 read with Section 148 Penal Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Penal Code, 1860-Section 302 read with Section 148-Conviction Acquittal by High Court-Justification of-Appeal-Held: Acquittal not justified since High Court on unsubstantial grounds and merely on conjectures C rejected the dying declaration of the deceased which fully established active involvement of accused and stood corroborated by other eye witnesses as also the fact of prompt filing of FIR-Hence order of acquittal set aside as against the accused actively involved. Appeal against acquittal-Interference by SupremeĀ· Court-Scope- Held: this Court should be slow in interfering with the verdict of acquittal verdict of acquittal is reasonable, this Court should not substitute its own view and reverse ii into conviction. There were factional rivalries between the members of the accused and the complainant party. It is alleged that accused armed with fire arms and bhalas approached the house of the complainant party at midnight. One of the members of the complainant party alerted the inmates of the house. Accused party fired 15 to 20 rounds at the complainant party. Complainant party raised an alarm. Respondent No.1-accused then fired from his gun which hit the deceased. Thereafter assailants ran away from the scene. Brother of the deceased-PW I who was present at the scene lodged an FIR. Deceased suffered bullet injuries and was taken to the hospital. Thereafter his dying declaration was recorded, after which he died. Trial Court convicted and sentenced the respondents under Section 302 read with Section 148 IPC. However, High Court acquitted them. Hence the present appeal. Appellant-State contended that there was no justification for High Court to reject reliable pieces of evidence and acquit the accused since FIR was lodged promptly and Tehsildar recorded dying declaration in the presence of the doctor and other witnesses corroborated the version given by the deceased in his dying declaration.Respondents-accused contended that High Court drew a conclusion of acquittal of accused on the reappreciation of the evidence which is plausible and reasonable and this Court on settled legal principles should not upset the verdict of acquittal; that the medical evidence did not corroborate the dying declaration and the evidence of eye-witnesses; and that as per the prosecution case as many as 20 rounds were fired by assailants, hence respondent No I B alone cannot be attributed to have fired and killed the deceased by his gun. |
Judge | Hon'ble Mr. Justice D.M. Dharmadhikari |
Neutral Citation | 2002 INSC 556 |
Petitioner | State Of Uttar Pradesh |
Respondent | Ram Sewak And Ors. |
SCR | [2002] Supp. (5) S.C.R. 503 |
Judgement Date | 2002-12-18 |
Case Number | 530 |
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