Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860: s.302 Penal Code |
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:s.302 - Enmity between two groups - Murder of two persons - FIR lodged at the spot by informant on the basis of statement made by alleged eyewitness - Copy of FIR sent to Magistrate after 4 days - Delay unexplained-Conviction based on statement of witnesses - Challenged - Held: Proof of motive itself not a ground to hold accused guilty - Existence of motive may also lead to false implication - No overt act attributed to other accused except accused no.9 - Their names did not appear in FIR - Even alleged eyewitnesses did not attribute any overt act on their part - Conviction set aside.Code of Criminal Procedure, 1973:s.154 - Delay of 4 days in sending FIR to the court of Magistrate - Held: Fatal to prosecution case.Prosecution case was that there was enmity between the two groups, one belonging to PW-13 and the other to the accused No. 4. On the fateful day at 10 O'clock, PW-11 and PW-12 were going in a cart. Deceased 'S' and 'B' who were on a motorcycle overtook them. Accused persons 11 in number were waiting for them near the place of occurrence. They surrounded 'S' and 'B'. Accused No. 9 exhorted others to assault but he himself inflicted vital injuries upon 'S'. 'B' intervened. He was also threatened. He started running away from the scene of occurrence. He was chased. PWs 11 and 12 seeing them chasing 'B' hid themselves nearby in a sugarcane field. 'B' was found murdered in front of the house of PW-14. Brother of the deceased (PW-9) who was also coming back from his village along with others found his brother murdered. PW-11 informed him about the details of the incident. He came to his house and informed his sister-in-law. She in turn asked PW-10 to inform about the incident to the first informant PW-13. PW-13 reached the police station at about 12.30 p.m. He allegedly did not furnish the details of the incident. He only named Accused No. 9. He disclosed to PW-16 that murders of 'S' and 'B' have been committed. He was asked to furnish details of the incident, which he did not do. He asked PW-16 (1.O.) to come to the place of occurrence. An entry of the said information was made in the station diary. PW-16 came to the place of occurrence with PW-13. The details of incident were narrated to PW-9 by one of the alleged eye-witness, viz., PW-11, on the basis whereof the First Information Report was lodged at the spot. The First Information Report was lodged at about 2.15 p.m. wherein, nine persons were named as accused. It, however, reached the Court of the Magistrate only after 4 days. Before the Sessions Judge, a large number of witnesses were examined. PWs 11 and 12 were eye-witnesses. Relying on their testimonies and of other witnesses, the Sessions Judge convicted Accused Nos. 1, 2, 3, 5, 6, 7, 9 and 11 and acquitted Accused Nos. 4, 8 and 10. High Court dismissed all the appeals. Hence these appeals. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2007 INSC 1056 |
Petitioner | Ramesh Baburao Devaskar And Ors. |
Respondent | State Of Maharashtra |
SCR | [2007] 11 S.C.R. 197 |
Judgement Date | 2007-10-12 |
Case Number | 844-846 |
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