Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860 – ss. 302,120B and 34 – Arms Act, 1959 – ss. 25,27 – Acquittal under – Prosecution case was that victim-deceased had political enmity with three accused (A-1, A-2 and A3) – All three accused hatched a conspiracy to away with the victim – Accused no.1 and accused no.2 had used motorcycle of accused no.3 to arrive near a bus stand where a gun shot was fired at victim from a short distance – Victim died – Charge-sheet filed – Trial Court acquitted all the three accused – On appeal by the State, the High Court relying upon recovery made and on basis of sole testimony of PW2, affirmed the acquittal of A-3 but convicted the other accused persons for the offences punishable under s. 302/34 IPC – On appeal, by A-1 and A-2 – Held: Prosecution has not came to the court with clean hands as the story is of prosecution is full of inconsistencies – The prosecution witnesses are contradictory to each other – Investigation was carried out in irregular manner – Testimony of PW-2 was not of sterling quality thus conviction based on his sole testimony is not tenable – There was no Panchnama on record and recoveries made are inconsistent with the record, therefore cannot be relied upon – Conviction set aside – Acquittal of A-1 and A-2 by the trial Court affirmed. |
Judge | Hon'ble Mr. Justice Bhushan Ramkrishna Gavai |
Neutral Citation | 2022 INSC 753 |
Petitioner | Prahlad |
Respondent | State Of Madhya Pradesh & Anr. |
SCR | [2022] 16 S.C.R. 82 |
Judgement Date | 2022-07-27 |
Case Number | 2043 |
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