Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | investigating officer dying declaration eye-witness |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860-Section 302 r/w Section 34-Prosecution for murder-Incident seen by two eye-witnesses-Evidence of one eye-witness contradictory to his own police statement, evidence of other eye-witness and that of Investigating Officer, Dying Declaration and Medical Record- Credibility of Dying Declaration doubtful-Deliberate suppression of first Written Report made by the eyewitness-Conviction by Courts below-On appeal, held: In view of the contradictions and doubts in the prosecution case, the guilt of the accused not proved beyond reasonable doubt-Accused acquitted giving benefit of doubt. Appellants-accused were charged u/s 302 IPC for having caused death of a person by setting him on fire. According to PW-2, father of the deceased, his son (PW-9) and he had witnessed the incident According to him, If he extinguished the fire, took the deceased to hospital on a rickshaw, on getting threat at the hospital from the appellants called a police van, thereafter went to Police Station and gave a Written Report Dying Declaration of the deceased was recorded by Executive Magistrate (PW-4). During Trial, the Written Report by PW-2 was suppressed by the prosecution. Despite its production was sought, it was not produced. The evidence of PW-2 was in contradiction with his police statement and with the statements of PWs 9 and 10 (the Investigating Officer) and the Dying Declaration. According to PW-9 no such incident took place in his presence and hence he was declared hostile. In the Dying Declaration, the words "I kerosene on the body" were deleted. PW-4 explained that those words were spoken by the deceased, but the version was changed after shouting heard from outside. Hence, the words were deleted. In the medical case papers, the burns, at one place, were shown as 'self inflicted' and at another as 'accidental'. The contention of the accused was I that failure to produce the Written Report by PW-2 had given rise to an adverse inference that, had it been produced, it would have disproved the case of the prosecution. Trial Court rejected the contention and relying on the Dying Declaration and the evidence of PW-2, convicted the appellants for the offences charged. High Court upheld the conviction. Hence, the appeal. |
Judge | Hon'ble Mr. Justice B.N. Srikrishna |
Neutral Citation | 2005 INSC 127 |
Petitioner | Sheikh Meheboob @ Hetak And Ors. |
Respondent | State Of Maharashtra |
SCR | [2005] 2 S.C.R. 628 |
Judgement Date | 2005-03-10 |
Case Number | 772 |
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