Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Acquittal under ss. 148 324/149 benefit of doubt 304 Part-II IPC 302/149 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860 – ss. 148, 302/149, 324/149, 304 Part-II – Acquittal under – Appellants-accused persons were charged of having committed an offence u/ss. 148, 302/149, 324/149 – Dehati Nalishi (Ex. P-28) was recorded as an FIR, in pursuance of the information given by one of the deceased person ‘H’, in which he stated that he along with the other two persons (K and PW-12) was attacked by the appellants – The Statement of the H was recorded at the place of occurrence by PW-20 (Investigating officer) and later H died at the hospital – Trial Court convicted the appellants – High Court confirmed life imprisonment for death of ‘K’ and modified the same qua deceased ‘H’ to u/s. 304 Part-II – On appeal, held :It was PW-20 who had recorded statement, it is highly doubtful as to whether the deceased would be conscious enough to give the statement, particularly in light of the injuries suffered by him – On a perusal of the records, there were writings over the thumb impression made under Ex. P-28 – It is rather strange as a thumb impression would normally follow the statement; it has to find place at the conclusion of the statement – This lends credence to the view that thumb impression must have been obtained on a blank paper – The statement as the one actually given by the deceased to PW-20 cannot be treated as dying declaration – The statement specifically excludes others and the same excluded were shown as witness by the same investigating officer – There is no explanation given by PW-20 as to why the statement of deceased was not recorded in the presence of the judicial magistrate and duly certified doctor – Also, the evidence adduced by the prosecution through eye witnesses is not trustworthy – Witnesses were not able to name the accused – However, they have identified the accused after 2 to 3 years for first time in the Court – Test identification Parade ought to be have been done – Much reliance was placed on PW-12, however, PW-12 was not examined by PW-20 – Statement of PW-12 u/s. 161 Cr.P.C., if recorded was not marked – PW-12 also identified accused first time in Court – Evidence of PW-12 cannot be relied upon – Therefore, benefit of doubt given to the appellants-accused. |
Judge | Hon'ble Mr. Justice M.M. Sundresh |
Neutral Citation | 2023 INSC 25 |
Petitioner | Ranvir Singh Etc. Etc. |
Respondent | The State Of Madhya Pradesh |
SCR | [2023] 1 S.C.R. 841 |
Judgement Date | 2023-01-12 |
Case Number | 1384 |
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