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 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860 - s.302 r/w s.34 - Prosecution case was that complainants brother-in-law and respondent committed murder of her father, mother and two sisters - Confessional statement leading to recovery of knife, blood stained clothes and o"ther articles from brother-in-law - Involvement of respondent unearthed on the basis of such confessional statement - Accused-brother-in-law died during the trial - Prosecution case was not only corroborated .by medical evidence but also confirmed by FSL report which proved presence of human blood on weapon of murder and clothes of both the accused - Since the fingerprints and footprints were not clear. the trial court directed both the accused to give fresh footprints and fingerprints - On refusal to comply with this order by accused for about 5 years, trial court treated it as an adverse inference against them - Conviction and death sentence by trial court based E on circumstantial evidence - High Court set aside the order of trial court holding inter alia that adverse inference cannot be drawn by the court on refusal to give specimen palm impression in spite of order of the court - On appeal, held: Although any person can be directed to give his foot-prints for corroboration of evidence but the same cannot be considered as violation of the protection guaranteed u/Art.20(3) of the Constitution - However, noncompliance of such direction of the Court may lead to adverse inference - Nevertheless, the same cannot be entertained as the F sole basis of conviction - Evidence on record showed that the basic foundation of the prosecution had crumbled down in this case by G not connecting the respondent with the incident in question and hence the circumstantial evidence became inconsequential - In such circumstances, judgment of conviction could not be founded on the sole circumstance that recovery of weapon and other articles were made - Prosecution miserably failed to connect the occurrence |
Judge | Hon'ble Mr. Justice Pinaki Chandra Ghose |
Neutral Citation | 2017 INSC 428 |
Petitioner | State Of U.p. |
Respondent | Sunil |
SCR | [2017] 3 S.C.R. 815 |
Judgement Date | 2017-05-02 |
Case Number | 1432-1434 |
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