Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1872 Penal Code Section 302/Evidence Act 1860 |
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; Section 302/Evidence Act, 1872: Murder-Conviction by trial Court-Acquittal by High Court doubting evidence of the eye-witness-Correctness of-Held, Since there are no material contradictions or inherent improbabilities in the evidence of such witness, doubt raised by High Court is not reasonable-Conviction and sentence of trial Court confirmed Murder-Recording of two complaints-one by Police Officer and another by Prosecution witness-Effect on the prosecution case-Held, on the facts and circumstances of the case, it is not reasonable to draw inference from the statement of prosecution witness that first report was withheld and another with different version was made out-Hence it does not demolish the case of prosecution. Discovery of weapon used in crime on the basis of statement of accused-Evidence of prosecution witness-Effect on-Discussed According to the prosecution, there was a land dispute between the deceased, and his brother. Though land dispute was settled, his nephew alienated the land to which deceased objected and there was a quarrel between them. On the fateful night, when the deceased along with his friend, PW3 went for a walk and did not return till late night, PW1, son of the deceased, along with PW4 went for searching his father and noticed that accused attacked the deceased with a sickle and fled away. PW1, 3 & 4 carried the injured to a nearby dispensary, and on the advice of the Medical Officer when they proceeded to a major Hospital, and on the way the deceased succumbed to his injuries. PW1 lodged a complaint in the Police Station and PW7, who conducted post-mortem of the dead body, opined that one of the injuries inflicted on the deceased was sufficient to cause death. Trial Court convicted accused-respondent under Section 302 IPC. High Court acquitted the accused giving him benefit of doubt. Hence this appeal by the State. |
Judge | Hon'ble Mr. Justice P. Venkatarama Reddi |
Neutral Citation | 2002 INSC 578 |
Petitioner | State Of Karnataka |
Respondent | Panchakshari Gurupadayya Hiramath. |
SCR | [2002] Supp. (5) S.C.R. 705 |
Judgement Date | 2002-12-20 |
Case Number | 282 |
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