Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860: s. 302 - Murder - A/legation that the victim-deceased was taken across the river by appellants in a boat and thereafter taken to jungle and killed 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 - Murder - Allegation that the victim-deceased was taken across the river by appellants in a boat and thereafter taken to jungle and killed - Trial court found that evidence of witnesses was inconsistent and acquitted the appellant - High Court applied the last seen theory and set aside the order of acquittal - On appeal, held: Number of independent witnesses turned hostile and three important witnesses added more in their oral testimony before the court than what was stated by them before the Investigating officer during investigation - High Court believed their testimony and did not take into consideration the view of trial court based on evidence that it was doubtful if the five persons boarded the boat to cross river as alleged by prosecution - When the basic fact of the deceased having boarded a boat and crossing the river with the appellants was in doubt, the substratum of the prosecution's case virtually would fall flat and the truth of the subsequent events also becomes doubtful - High Court did not take into consideration that the chain of event must be so complete so as to leave no room for any hypothesis except that the accused was responsible for the death of the victim and it merely proceeded on last seen theory - Since the first link was missing the view taken by trial court was not only a reasonable view but also probable view of the event - Order of acquittal passed by trial court restored. |
Judge | Hon'ble Mr. Justice Madan Bhimarao Lokur |
Neutral Citation | 2014 INSC 123 |
Petitioner | Shyamal Saha & Anr. |
Respondent | State Of West Bengal |
SCR | [2014] 3 S.C.R. 90 |
Judgement Date | 2014-02-24 |
Case Number | 1490 |
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