Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860: ss. 302134 ands. 120-B Penal Code |
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: ss. 302134 ands. 120-B - Convictionby trial court set aside by High Court- State's appeal againstacquittal - Prosecution case was that the victim-deceasedwas employee of accused-NS and that there was somedispute between them over money-Accused-NS hired theaccused-OP to eliminate the deceased- Deceased was shotdead - Trial court convicted both the accused u/s. 302 rlw s.120-B on the basis of prosecution story revolving around the·complaint which was filed by the victim-deceasedcomplaining about the life threat received by him by theaccus.ed - High Court reversed the finding of the trial court.on the ground that prosecution failed to prove the handwritingof the deceased in the said complaint and that the wife of thedeceased also denied the signature on the same as that ofher deceased-husband - Held: Prosecution failed to provethat the complaint was lodged by the deceased- Wife of thedeceased denied the signature on the said complaint as thatof her husband- Seizure of the complaint by the investigatingofficer-was highly doubtful as courts below had concurrentfinding as to tampering in the police records - There was noevidence to prove threat to the deceased by the accusedpersons - Prosecution merely proved that all the accusedwere present in Delhi on the date of occurrence,· and that thealleged motor-bike and the car used in incident belonged toaccused-OP - High Court rightly dismissed this argument,as the involvement of the said vehicles in commission of the crime were never proved - Neither any prior meeting of mind Aof the accused was proved, nor any action, individually or inconcert, was proved against any of the accused - Nointerference with the order of acquittal |
Judge | Hon'ble Mr. Justice Pinaki Chandra Ghose |
Neutral Citation | 2015 INSC 664 |
Petitioner | State (government Of Nct Of Delhi) |
Respondent | Nitin Gunwant Shah |
SCR | [2015] 10 S.C.R. 48 |
Judgement Date | 2015-09-16 |
Case Number | 951 |
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