Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 450 ss.302 Case based on circumstantial evidence IPC 397 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860 – ss. 302, 397, 450 – Case based on circumstantial evidence – Case of the prosecution that appellants-accused (A1 and A2) trespassed into house of PW-1, wherein he also did his gold and silver business, concealing iron rods and robbed gold ornaments and brutally killed his son and wife – Accused held guilty of offences punishable u/ss. 302, 397 and 450 and sentenced accordingly – Legality of – Held: Though there were no eye-witnesses to the actual killings, there were three separate witnesses PWs 4, 6, and 10, who were independent of each other and had no animosity with the accused and spoke in unison about seeing one or both of the accused running away from the house of PW-1 on the fateful night with bags in their possession – No explanation given as to why three separate witnesses would choose to implicate the accused falsely – Sequence of events unfolded in quick succession on the fateful night, leading to not only identification of the accused by the witnesses present but also their apprehension and arrest, apart from seizure of the stolen gold ornaments and cash from their possession, there was no time or possibility for the police to hoist a false case upon them – Minor discrepancies and shortcomings in the statements made by witnesses after passage of a few years would necessarily have to be discounted in such a scenario – No patent illegality or manifest injustice committed by the Trial Court and the High Court, warranting exercise of discretionary jurisdiction u/Article 136 –Evidence Act, 1872 – ss. 27, 106, 114(a) – Constitution of India – Article 136 – Evidence – Circumstantial evidence. Constitution of India – Article 136 – Scope of jurisdiction – Concurrent findings of guilt against the accused, interference with u/Article 136 – Discussed. |
Judge | Hon'ble Mr. Justice Sanjay Kumar |
Neutral Citation | 2023 INSC 411 |
Petitioner | Dakkata Balaram Reddy & Anr |
Respondent | State Of Andhra Pradesh & Anr. |
SCR | [2023] 4 S.C.R. 887 |
Judgement Date | 2023-04-21 |
Case Number | 1295 |
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