Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860 – ss.148 Penal Code 504 341 326 r/w.149 |
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 – ss.148, 341, 504, 326 r/w.149 – Prosecution case that accused No.2 picked up quarrel with P.W-2, thereafter on same day, the accused-appellants armed with weapons attacked P.W-2, P.W.-3 and P.W-5 – Certain witnesses intervened and rescued the complainant-P.W-5 and other victims – Police registered complaint u/ss.143, 147, 148, 323, 324, 341, 307, 504, 506 r/w. 149 filed by P.W-5 – Trial Court held that prosecution failed to prove the alleged offences against the accused beyond reasonable doubt and acquitted the accused persons – However, High Court reversed the order of acquittal and convicted the accused u/ ss.148,341,504, 326 r/w. 149 – On appeal, held: Order passed by the trial Court reaffirmed – High Court should not have reappreciated the evidence in its entirety, especially when there existed no grave infirmity in the findings of the trial Court – Prosecution case suffers from several contradictions and infirmities e.g. the trial Court rightly pointed out the contradictions in the statements given by P.Ws-1,2 and P.Ws-3,5 regarding the incident of assault and the participation of the accused persons – These contradictions were material ones and cannot be overlooked – No specific assertions could be proved regarding the role and involvement of the accused persons – Further, certain actions of the victim-respondents themselves were dubious, for instance admitting themselves later in a Multi-speciality hospital from a reputed hospital without proper cause – No documents were produced to clarify the same – Medical evidences produced by the victims prove that, they had not sustained any fatal injuries – Prosecution was not able to establish the guilt of the accused persons beyond reasonable doubt. |
Judge | Honble Mr. Justice N.V. Ramana |
Neutral Citation | 2018 INSC 231 |
Petitioner | Bannareddy And Ors. |
Respondent | State Of Karnataka And Ors. |
SCR | [2018] 4 S.C.R. 623 |
Judgement Date | 2018-03-12 |
Case Number | 382 |
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