Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860 – ss. 302 and 34 – Murder case – Acquittal of three policeman – Penal Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) Indian Penal Code (45 of 1860) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code,1860 – ss. 302 and 34 – Murder case – Acquittalof three policeman – Correctness of – Prosecution case thatprosecution witnesses traveling with the victim, though on a separatescooter, at night in the light of the scooter saw three policemen onthe road armed with weapons – Policemen fired at them, hitting thevictim who succumbed to the injuries and the prosecution witnessesmanaged to escape – Policemen charged of murder while patrollingu/s. 302/34 – However, acquittal by the trial court – Appealthereagainst, u/s. 378(3) – Dismissed by the High Court – On appeal,held: Though judgment of the High Court is a cryptic one but thatby itself need not be a ground to set aside the order – There arerelevant record to assess the merit of the prosecution case – Incidentarose in the year 1987 and the appeal remained pending – Neitherof the prosecution witness could identify any of the three accused –They did not depose that the three policemen involved in the crimewere those who were facing trial – Trial court justified in discardingthe testimony of the eye-witness – Also no reliable evidence that theexchange of fire was with a view to kill – Moreover, the victim diedfrom a .12 bore gunshot which could not be ascribed to rifles issuedto the policemen – Circumstances ought to have formed a chain sofar complete as to indicate that in all human probability it were thepersons facing trial and none else who committed the crime –However, the circumstances found proved do not constitute acomplete chain – Thus, not a fit case to interfere with the orderpassed by the High Court – Code of Criminal Procedure, 1973 – s.378(3).Code of Criminal Procedure, 1973: s. 378(3) – Appeal againstacquittal – Power of the appellate court – Explained. |
Judge | Hon'ble Mr. Justice Manoj Misra |
Neutral Citation | 2023 INSC 623 |
Petitioner | Central Bureau Of Investigation |
Respondent | Shyam Bihari & Others |
SCR | [2023] 10 S.C.R. 464 |
Judgement Date | 2023-07-17 |
Case Number | 413 |
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