NDLI: Ravi Mandal Vs. State of Uttarakhand

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	1860 – ss. 302 34 and 201 Penal Code
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Arms Act, 1959 (54 of 1959) Indian Penal Code (45 of 1860)
Case(s) Referred	Referred Case 0 Referred Case 1
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Penal Code, 1860 – ss. 302, 34 and 201 – Arms Act, 1959 –ss. 4 and 25 – Acquittal under – FIR lodged by PW-1 (father ofdeceased) after founding dead body of his son at 0730 hours on01.11.2001 in a forest, alleging that deceased was with ‘R’ and ‘G’on 31.10.2001 at about 2100 hours – Later, he replaced ‘G’ with‘S’ in written information – Both accused (R and S) were convictedby the Trial Court u/s.302 r/w. s.34, s.201 of IPC and ss. 4/25 of theArms Act – Trial Court relied on testimonies of PW-2 and PW-5 toconclude that deceased was last seen alive in the company of theaccused persons – Trial Court also noticed that as per FSL reportthe empty cartridge recovered from the spot was fired from the samepistol which was recovered from ‘S’ – High Court confirmed theconviction – On appeal, held: According to the testimony of policewitnesses, it was the informant who gave information to the policeabout his son’s dead body – Whereas, according to PW-1 the policeinformed him that his son’s dead body has been found in the forest– In FIR there is no disclosure as to how the body was found in theforest – FIR did not name any witness who had seen the deceasedwith accused persons – Further, ‘S’ was not named as accused inFIR at the first instance and was only arrayed at later stage –Explanation offered by PW-2 is delayed disclosure – Similarly,explanation offered by PW-5 for his presence at the spot at the oddhours appears false – There is contradiction in PW-5’s statementmade u/s. 161 and in his deposition before the Court as to presenceof ‘G’ with deceased – Therefore, the testimony of PW-2 and PW-5does not inspire confidence – Forensic report/ballistic report werenot even put to ‘S’, while recording his statement u/s. 313 Cr.P.C. –In the case at hand, the evidence was not confidence inspiring asto uphold the conviction of the accused-appellants – Thus, impugnedjudgments and orders of the Trial Court set aside. Witnesses – Chance witness – Reliability of – Held: The lawis settled, which is, evidence of a chance witness requires a verycautious and close scrutiny and a chance witness must adequatelyexplain his presence at the place of occurrence – Deposition ofchance witness whose presence at the place of incident remainsdoubtful should be discarded.
Judge	Hon'ble Mr. Justice Hrishikesh Roy Hon'ble Mr. Justice Manoj Misra
Neutral Citation	2023 INSC 552
Petitioner	Ravi Mandal
Respondent	State Of Uttarakhand
SCR	[2023] 7 S.C.R. 1
Judgement Date	2023-05-18
Case Number	511

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