Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860 - s. 302/34 |
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. 302134 - Murder - Complainant 's case that appellant, Al and A2 allacked the victim with lathis, resulting in his death - Seizure of lathis allegedly used in the crime - Examination of 13 prosecution witnesses - Conviction uls. 302134 by the courts below - Held: Contradiction about the time of arrival of the witnesses and their statement. thus credence could not be attached - Circumstances warranted application of due care and caution in appreciating the statements of eyewitnesses because the prime eyewitnesses were related inter-se and to the deceased - Courts below erred in not applying the principle of strict scrutiny in assessing the evidence of eyewitnesses -As regards nature of injury, contradictions between the ocular and medical evidence - Non- examination of Police officer who conducted sei~ure - Also subsequent improvement by one of the eye-witness - Thus, the prosecution case is doubtful - Accused-appellant cannot be held guilty of the offence - Order of conviction by the courts below set aside - Evidence - Witness.Criminal jurisprudence - Medical evidence - Significance of - Held: ls on corroborative - is proves thul the injuries could have been caused in the manner alleged and nothing more - Defence can make use of the medical evidence to prove that the injuries could not possibly have been caused in !he manner alleged and thereby discredit the eyewitnesses |
Judge | Hon'ble Mr. Justice R.F. Nariman |
Neutral Citation | 2017 INSC 390 |
Petitioner | Baliraj Singh |
Respondent | State Of Madhya Pradesh |
SCR | [2017] 3 S.C.R. 251 |
Judgement Date | 2017-04-24 |
Case Number | 790 |
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