Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Indian Penal Code 1860: s. 302 – Culpable homicide amounting to murder – Conviction u/s. 302 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860: s. 302 – Culpable homicide amounting tomurder – Conviction u/s. 302 – Correctness of – FIR against theappellant by the informant-uncle of deceased – Allegation that thedeceased had shouted that the appellant had assaulted him with atabbal – Informant rushed to the place of incident and saw hisnephew lying there with deep cut on the neck – Nephew latersuccumbed to his injuries – Conviction of the appellant u/s. 302and sentenced to life imprisonment by the courts below – On appeal,held: Prosecution failed to establish the charge – Prosecution storydoes not appear to be a probable story – Supporting evidence doesnot inspire confidence, rather there are material contradictions –Testimony of the informant not found to be reliable, thus could notform the basis of conviction – Medical evidence also does notsupport the prosecution case as the weapon of assault could nothave caused injury on the deceased – Further, no motive as to whythe appellant would commit the murder of the deceased – Defenceversion that the deceased was under the influence of alcohol andcould have tripped and fallen on a sharp object resulting into theante-mortem injury reported in the post-mortem was quite possible,and is clearly borne out from the record – Thus, the conviction andsentence of the appellant set aside. |
Judge | Hon'ble Mr. Justice Vikram Nath |
Neutral Citation | 2023 INSC 630 |
Petitioner | Shatrughan |
Respondent | The State Of Chhattisgarh |
SCR | [2023] 10 S.C.R. 758 |
Judgement Date | 2023-01-20 |
Case Number | 437 |
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