Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Death independent 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-Death-Evidence of related eyewitnesses-Availability of independent eyewitness-Non-examination of Absence of blood on the spot of occurrence-Inadequate light-Evidence of Investigating Officer, one of the eyewitnesses and time and source of FIR doubtful-Conviction by Courts below-On appeal, held : conviction not justified-In view of the evidence and broad probabilities there is possibility of conviction of wrong persons-Accused entitled to benefit of doubt. Criminal Trial : Independent witness-Non-examination Effect of on prosecution case-Held: Non-examination of such witness by itself may not give rise to adverse inference against prosecution-But unexplained omission of examination would assume significance when the presence of eye-witness at the scene of occurrence is doubtful. Appellants-accused were alleged to have murdered a person at about 8.45 p.m. It was alleged that they had stabbed the deceased with knives. The incident was alleged to have been seen by PWs-4 and 5 (brother and relative of deceased respectively) and one 'K' an independent witness. PW4 was alleged to have seen the occurrence from a distance of 30 feet. PWs 4 and 5 took the deceased to the hospital, where the deceased was declared dead by the doctor and he sent the 'rucca' to Police Station. PW-9, the Investigating Officer received the 'rucca' at the gate of the hospital itself and recorded the statement of PW4 and sent the same to Police Station on the basis of which FIR was recorded at 11:35 p.m. There was delay by Investigating Officer in reaching the spot of occurrence. Blood stains were not found there. Knife was recovered from accused 'K'. No blood stains were found on the clothes of PWs 4 and 5. After two days of the incident investigation was entrusted to PW-10, at the instance of Superintendent of Police, and he found that all the accused other that accused 'K' were innocent. However all the accused were tried and charge was framed against all of them u/s 302 IPC. Witness was not examined despite the facts that he took the deceased to hospital, was present in the hospital, FIR referred him as eye-witness, and was present in Court on one of the dates, PW-9 stated that place of occurrence was pointed out to him by the eyewitness 'K'. PW-10 in his examination did not give all the relevant details of his investigation. PWs 4, 6 and 9, had given different versions regarding time of recording FIR. Trial Court convicted all the accused u/s 302 IPC on the basis of evidence of PWs 4 and 5. High Court confirmed the ' conviction and opined regarding non-examination of the independent eyewitness that his examination would amount to 'proliferation' of direct evidence; and as regards absence of blood stains from the scene it opined that it would have disappeared in view of the time gap between the incident and inspection of Investigating Officer. Hence the present appeals. |
Judge | Hon'ble Mr. Justice P. Venkatarama Reddi |
Neutral Citation | 2005 INSC 162 |
Petitioner | Hem Raj And Ors. |
Respondent | State Of Haryana |
SCR | [2005] 2 S.C.R. 1152 |
Judgement Date | 2005-03-29 |
Case Number | 957 |
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