Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Unlawful Assembly 447 and 34 ss. 302 Murder 326 149 148 147 IPC |
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 : ss. 302, 326, 147, 148, 149, 447 and 34 – Murder – Unlawful Assembly – Complainant-PW 1’s case that 13 persons entered her house and caused grievous injury to her brother-in-law PW 2 and three of them assaulted the victim with sharp cutting weapons resulting in his death – Trial conducted against 11 of them – Courts below convicted them u/s. 147/148/447/323/302/149 and sentenced them to imprisonment for life u/ss. 302/149 along with other punishment for the charged offences – On appeal, held: Prosecution is not to accept the complainant’s version as truth but the investigation must be made in a fair and transparent manner and must ascertain the truth – No explanation has come forward to explain the presence of the police personnel throughout the incident – Entire version of the prosecution witnesses that the police personnel accompanied the accused and were standing outside the house of the deceased creates a serious doubt on the very genesis of the prosecution story – Eye-witnesses have not taken names of the 13 accused persons – No statement by the eyewitnesses that all the accused persons had come with a common object of committing murder and assaulting the injured PW-2 – It cannot be said that all members of the unlawful assembly were aware of the common object – It cannot be said that there was unlawful assembly – Furthermore, material inconsistency in the statement of the eye witnesses – No recovery at the instance of any accused – Injuries of PW2 not proved as there was no injury report – Scribe of the FIR also not produced nor the signatures proved – It is quite possible that it was a complete set-up by the police – Although the death was homicidal but the prosecution has not established the case beyond reasonable doubt against the appellants, thus, entitled to benefit of doubt – Order passed by the High Court set aside. |
Judge | Hon'ble Mr. Justice Vikram Nath |
Neutral Citation | 2023 INSC 305 |
Petitioner | Pulen Phukan & Ors. |
Respondent | The State Of Assam |
SCR | [2023] 4 S.C.R. 616 |
Judgement Date | 2023-03-28 |
Case Number | 906 |
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