Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Criminal Trial |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Criminal Trial:Delay in lodging FIR - Effect on prosecution case - Complainant-wife of deceased explained that the delay occurred because nobody came forward to accompany her to police station in the dark night and therefore for lodging the FIR she had to wait till the next morning - Held: Delay not fatal to the prosecution case-Penal Code, 1860 - S 302 r/w s. 34.Non-explanation of injuries sustained by accused - Effect on prosecution case - Held: Not fatal as it was not the case of accused that they were assaulted by deceased - They rather claimed that those injuries were sustained by them at the hand of unidentified assailants when they tried to intervene.According to the prosecution, Respondent assaulted the husband of PW 4 (the complainant) with various sharp-edged weapons thereby causing his death. The parties were allegedly involved in a land dispute. Before the Trial Court, Respondents pleaded innocence contending (a) that the injuries on them were not explained: (b) that there was delay in lodging the FIR; (c) that the evidence of PW 4 was at variance with the medical evidence and (d) that no trail of blood was seen by the Investigating Officer, though PW 4 stated about the presence of a trail of blood when the accused-Respondents had allegedly dragged the deceased. Trial Court negatived all the contentions and placing reliance on the evidence of PW 4, convicted one Respondent under Section 302, IPC and the other Respondents under Section 302 read with Section 34 IPC. High Court set aside the conviction. Hence the present appeals. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2007 INSC 986 |
Petitioner | State Of Punjab |
Respondent | Mohinder Singh And Ors. |
SCR | [2007] 10 S.C.R. 411 |
Judgement Date | 2007-09-28 |
Case Number | 330 |
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