Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860 – s.302 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860 – s.302 – Prosecution case that appellant was found strangulating the neck of his grandmother with his hands – P.W-1(son-in-law of deceased), who was sleeping in the adjoining room, upon hearing the screams of the deceased, rushed to her and witnessed the crime being committed – Appellant then took money bag from the possession of the deceased and fled away from the spot – Accused was arrested next day at bus stand, in presence of PWs 11 and 12 – Appellant-accused convicted by the trial Court and conviction affirmed by the High Court – On appeal, held: Conviction by the Courts below suffers from patent error of law – PWs 11 and 12 in their examination-in-chief denied the prosecution story about their presence at the time of arrest and seizure of material objects from the possession of the accused and they turned hostile – Prosecution case rested on evidences of PW 1 and his wife (PW 5) who were closely related to the accused-appellant – The relations between accused-appellant and PWs 1 & 5 were strained over property issues and they were in inimical terms – As the prosecution has relied upon the evidence of interested witnesses, the Court has to be cautious while analyzing such evidence – Other than these witnesses, there were no independent witnesses to support the case of prosecution – Nothing on record to support the version of PWs 1 & 5 – It was on record that when the deceased was brought to the hospital, in the accident register, it was written as ‘history of fall’ – According to prosecution blood came out from the mouth and nose of the deceased, but there appears no seizure of bloodstained clothes of the deceased and chemical analysis – There was inconsistency in evidence by the alleged eyewitnesses as well as investigation agency – Thus, there exists reasonable doubt in instant case as the case of prosecution is un-supported by independent witnesses ridden with contradictions, good motive for false prosecution and filled with suspicious circumstances |
Judge | Honble Mr. Justice N.V. Ramana |
Neutral Citation | 2018 INSC 229 |
Petitioner | Sudhakar @ Sudharasan |
Respondent | State Rep. By The Inspector Of Police, Srirangam Police Station, Trichy, Tamil Nadu |
SCR | [2018] 4 S.C.R. 612 |
Judgement Date | 2018-03-12 |
Case Number | 381 |
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