Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | s. 302 - Murder - Victim shot dead by three accused in presence of his mother-Acquittal by trial court: |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) Indian Penal Code (45 of 1860) |
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:s. 302 - Murder - Victim shot dead by three accused in presence of his mother-Acquittal by trial court:- Two accused died during pendency of appeal before High Court - Conviction by High Court of the surviving accused who had fired the shot- Held: Evidence of the mother of the deceased has been supported by other witnesses - Her evidence inspires full confidence - Delay in registration of FIR and sending the special report, explained - Conviction upheld - Code of Criminal Procedure, 1973 - ss. 157(3) and 313 - Appeal against acquittal.CODE OF CRIMINAL PROCEDURE, 1973: s. 313 - Power of trial court to examine accused - Held : Though statements of accused recorded are extremely perfunctory, but no prejudice to the accused has been pointed out at any stage even before the Supreme Court - It must, therefore, be presumed that no prejudice has in fact occurred- Penal Code, 1860 - s. 302.Appeal against acquittal - Murder- Acquittal by trial court - Conviction by High Court u/s 302 /PC - Held: High Court can re-appraise the entire evidence and if it is found that the judgement of the trial court was perverse or against the evidence, the High court has to interfere in the matter- Penal Code, 1860 -s. 302. |
Judge | Hon'ble Mr. Justice H.S. Bedi |
Neutral Citation | 2011 INSC 325 |
Petitioner | Fahim Khan |
Respondent | State Of Bihar Now Jharkhand |
SCR | [2011] 5 S.C.R. 577 |
Judgement Date | 2011-04-21 |
Case Number | 2081 |
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