NDLI: Suresh Thipmppa Shetty Vs. The State of Maharashtra

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Administration of Criminal Justice
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Indian Penal Code (45 of 1860)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Issue for consideration: Appellants-accused (A4 and A2) wereconvicted u/s.302, s.120B, IPC and sentenced accordingly. Whether HighCourt was justifi ed in dismissing the appeals fi led by them and upholdingtheir conviction.Administration of Criminal Justice – Reasonable doubt as to theinvolvement of the appellants in the crime – Conviction unsustainable:Held: There is suffi cient material on record giving rise to reasonabledoubt as to the involvement of the appellants in the crime – Appellantswere able to poke holes in the testimonies of PW1, PW2 and PW7 – Thisconclusion is only fortifi ed as co-accused A1 and A7 were acquitted andthus, the conspiracy angle dehors the said main conspirators, who are themasterminds as per the prosecution, cannot be said to have been provedbeyond reasonable doubt – Undisputedly, the four persons in the car on thefateful date were (1) the deceased; (2) PW1; (3) assailant/shooter, who isabsconding, and (4) A3 – Admittedly, the appellants were not present at thespot where the crime was committed i.e., in the car nor any direct/specifi crole in commission of the off ence being attributed to them and thus, theirconvictions cannot be upheld – Noor Mohammad Mohd. Yusuf Momin v.State of Maharashtra reported as [1971] 1 SCR 119 relied on by the HighCourt does not, in any manner, militate against this Court overturning aconviction when reasonable doubt emanates – Appeals allowed. [Paras 13and 17]Administration of Criminal Justice – Reasonable doubt as to theversion put forth by the prosecution: Held: When this Court is confronted with a situation where it has toponder whether to lean with the Prosecution or the Defence, in the face ofreasonable doubt as to the version put forth by the Prosecution, this Courtwill, as a matter of course and of choice, in line with judicial discretion,lean in favour of the Defence – Life and liberty are not matters to be trifl edwith, and a conviction can only be sustained in the absence of reasonabledoubt – The presumption of innocence in favour of the accused andinsistence on the Prosecution to prove its case beyond reasonable doubtare not empty formalities – Rather, their origin is traceable to Articles21 and 14 of the Constitution of India – The presumption of innocenceis a human right. [Paras 18 and 20]
Judge	Hon'ble Mr. Justice Ahsanuddin Amanullah
Neutral Citation	2023 INSC 749
Petitioner	Suresh Thipmppa Shetty
Respondent	The State Of Maharashtra
SCR	[2023] 11 S.C.R. 1135
Judgement Date	2023-07-26
Case Number	1541

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

Suresh Thipmppa Shetty Vs. The State of Maharashtra

Please Log-in to view this content

Suresh Singhal Vs. State (delhi Administration)

State of Haryana Vs. Surjit Singh

Chhannu Lal Verma Vs. The State of Chhattisgarh

Rajendra Pralhadrao Wasnik Vs. State of Maharashtra

The State of Maharashtra Vs. Vishwanath Maranna Shetty

State of Maharashtra Vs. Suresh

Ashok, Kumar Vs. The State (delhi Administration)

Habib Vs. State of Uttar Pradesh

Ambalal Parihar Vs. State of Rajasthan & Ors.

Suresh Thipmppa Shetty Vs. The State of Maharashtra

Suresh Thipmppa Shetty Vs. The State of Maharashtra

Please Log-in to view this content

Similar Documents

Suresh Singhal Vs. State (delhi Administration)

State of Haryana Vs. Surjit Singh

Chhannu Lal Verma Vs. The State of Chhattisgarh

Rajendra Pralhadrao Wasnik Vs. State of Maharashtra

The State of Maharashtra Vs. Vishwanath Maranna Shetty

State of Maharashtra Vs. Suresh

Ashok, Kumar Vs. The State (delhi Administration)

Habib Vs. State of Uttar Pradesh

Ambalal Parihar Vs. State of Rajasthan & Ors.

Suresh Thipmppa Shetty Vs. The State of Maharashtra