Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860 - ss.34 149 302 Penal Code 323 and 324 |
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 - ss.34, 149, 302, 323 and 324 - Enmity between two groups - Unlawful assembly formed by accused persons attached victim party - Death of one 'C' (father of PW2) - Trial court acquitted accused persons on the basis of inconsistent evidence of prosecution witnesses with that of medical evidence and other probable circumstances, holding that prosecution could not prove the guilt of accused beyond reasonable doubt - Appeal by respondent-State, High Court reversed acquittal and convicted accused persons - On appeal, held: The basic principle of criminal jurisprudence is that the accused is presumed innocent until his guilt is proved beyond reasonable doubt - In the instant case, at each and every stage of trial, there were lapses on part of investigating agency - Evidence of eyewitnesses was only consistent E on the aspect of injuries inflicted on the deceased but on all other factors there were lot of discrepancies - The contradictions went into the root of the matter and thus were not trustworthy to form basis for conviction - Judgment of High Court set aside and order of acquittal passed by Trial Court, affirmed. Witness: Eyewitnesses - Evidence of - Discrepancies in - Appreciation of - Held: Generally in criminal cases, discrepancies in the evidence of witness is bound to happen as there is considerable gap between the date of incident and the time of deposing evidence before Court - But, if these contradictions create serious doubts in the mind of Court about the truthfulness of witnesses and it appears that there is clear improvement, then it is not safe to rely on such evidence Related witnesses - Corroboration of - When needed - Held: ThereĀ· is no absolute rule that the evidence of related witnesses has to be corroborated by independent witnesses - However, it would be trite in law to have independent witnesses when the evidence of related eyewitnesses is found incredible and not trustworthy. |
Judge | Honble Mr. Justice N.V. Ramana |
Neutral Citation | 2017 INSC 276 |
Petitioner | Krishnegowda & Ors. |
Respondent | State Of Karnataka By Arkalgud Police |
SCR | [2017] 4 S.C.R. 934 |
Judgement Date | 2017-03-28 |
Case Number | 635 |
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