Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 148 Penal Code 452 r/w s. 149 s.302/149 and s.506 1860: ss. 147 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860: ss. 147, 148, 452 r/w s. 149, s.302/149 and s.506 – Prosecution under – For murder of a person – by 16 accused – Trial Court acquitted all the accused – High Court reversed the acquittal order – On appeal, held: Evidence of witnesses were not consistent – There were lot of improvement in the statement of witnesses – There were contradictory statements as regards the number of accused persons involved – All the witnesses were related – Material independent witnesses were not examined – Prosecution failed to prove motive – Panch witnesses as well as medical evidence did not support the prosecution case – Thus, chain of events cannot be said to have been properly brought on record by the prosecution – In view of the shortcomings and discrepancies in the prosecution case, accused persons cannot be said to have formed unlawful assembly with a view to kill the deceased – Guilt of accused not proved beyond reasonable doubt – Acquittal justified. Criminal Law: Motive – Evidentiary value – Held: In a case of circumstantial evidence, motive has a role to play – But to dislodge prosecution’s case solely based on lack of motive would amount to giving credit to this factor, where it is not due. Appeal: Appeal against acquittal – Interference with and reappreciation of evidence by appellate Court – Scope of – Held: Appellate court is expected to be very cautious in interfering with the order of acquittal – Its interference is called for, only when there are compelling reasons and substantial grounds.Evidence: Circumstantial evidence – Value of circumstantial evidence rests in its accumulative effect – When several such evidences are taken together, they may carry enough probative force to justify the conviction, if such evidence forms an unbroken chain of events resulting in only one hypothesis so canvassed. Witness: Related witness – Evidentiary value – Held: Interest of the witness does affect his testimony – Under the influence of bias, a man may not be in a position to judge correctly – Therefore, witness having interest in the result, if allowed to be weighed in the same scales with those who do not have any interest in the result, would be to open the doors of the court for perverted truth. |
Judge | Honble Mr. Justice N.V. Ramana |
Neutral Citation | 2018 INSC 419 |
Petitioner | Bhaskarrao And Ors. |
Respondent | State Of Maharashtra |
SCR | [2018] 4 S.C.R. 751 |
Judgement Date | 2018-04-26 |
Case Number | 408 |
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