Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 323 and 324rlw149 Penal Code 1860-ss. 302 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860 - ss. 302, 323 and 324 r/w 149, 147 and 148 and 452-Murder 452 - Murder and injury caused - Three eye-witnesses - Conviction by trial court - Acquittal by High Court on the grounds interalia that motive not proved, prosecution case not corroborated by independent witnesses, independent eye-witness not trustworthy and non-explanation of injury on one of the accused creating doubt about prosecution case - On appeal, held: Acquittal justified in view of cumulative effect of the circumstances of the case - However non-explanation of the injury on the accused, in the facts, would not affect veracity of the prosecution case.Criminal Trial - Non-explanation of injury on the accused - Effect of - On prosecution case.Practice and Procedure - Criminal appeal - Against order of acquittal - Review of evidence - Permissibility.Appeal - Appeal against acquittal - Interference with - Scope of.Respondents-accused were prosecuted for having caused death of on person and causing injuries was that sister of five of the respondents had been abducted by brother-in-law of PW-1, six months prior to the incident. On the day of the incident exchange of hot words and abuse took place between PW1 and father of five of the accused 'D" in connection with the abduction. On intervention of two persons, PW, 1 went to his house. Thereafter, 'D' alongwith the appellants-accused entered the house of PW1. Two of the appellants were armed with spears while rest were armed with lathis. They assaulted he deceased, PW 1 and 3 and mother of PW-1 and 3. Incident was also seen by PW-2. When Police reached the spot, he found the deceased and PWs1 and 3 and their mother in inured condition. Statement of the deceased was recorded by the Police. Deceased died after 3 days of the incident accused 'D' died after few days of the incident. Trial Court, convicted the respondents u/s 302, 323 and 324 r/w 149 and 452. Five of the accused were further convicted u/s 147 IPC and the rest two were further convicted u/s 148 IPC. High Court acquitted the respondents. Acquittal was on the grounds that the motive was not proved; that witnesses to the exchange of hot words between 'D' and PW-1, were not examined to as to indicate the origin of incident; that prosecution version is not corroborated by independent witnesses; evidence of PW-2 is not trustworthy as his presence at the place of incident was not established; that few persons whose names appeared in FIR as witnesses were not examined; that statement of the deceased recorded by Investigating Officer would be a statement u/s 161 Cr.P.C. and the same could not be treated to be the dying declaration; that no explanation was offered as to why the dying declaration was not recorded in the presence of Magistrate even though the deceased died 3 days after the incident; and that non-explanation of injuries on the person of one of the accused cast a doubt about the actual time, place, number of assailants and weapons. Hence the present appeal. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2007 INSC 1132 |
Petitioner | State Of U.p. |
Respondent | Atar Singh And Ors. |
SCR | [2007] 11 S.C.R. 1018 |
Judgement Date | 2007-11-01 |
Case Number | 54 |
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