NDLI: Durbal Vs. State of U.p.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Penal Code 1860- s.302
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Indian Penal Code (45 of 1860)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Penal Code, 1860- s.302- Testimony of PW-1 that the accused persons assaulted his father and nephew with knives and spears (bhalas), which led to their death - Three accused suggested previous enmity between the accused and PW1 Incident occurred in the dead of night during mid winter . Witnesses claimed to have identified the accused with the aid of lantern and torches - Trial court acquitted all the accused. High Court, however, relied upon the evidence of PW-1, and reversed the order, of acquittal - Meanwhile A-1 and A-3 accused died - Conviction of A-2 challenged before Supreme Court - Held: When the suggested enmity, if at all, was between the accused and PW 1, there was no reason as to why the accused should attack the deceased and leave PW-1 unscratched - If PWs 1, 2 and 3 were present at the scene of offence as stated by PW 1, there was no explanation forthcoming as to why three of them put together could not resist the accused in attacking the deceased - The lantern and the torch lights though allegedly seized were not produced in the Court - The seizure memos did not contain the crime number and other recovery particulars - In the circumstances, it became highly doubtful as whether PWs 1, 2 and 3 actually had torch lights in their hands as stated by them - The evidence of PW 1 did not inspire any confidence and the presence of PWs 2 and 3 at the scene of offence was doubtful - . The trial Court rightly gave the benefit of doubt to the accused - The view taken by trial Court was plausible and could not be held perverse - High Court ought not to have A interfered with the judgement of the trial Court merely because there was a possibility of taking a different view - A-2 entitled to benefit of doubt and acquitted.
Judge	Hon'ble Mr. Justice B. Sudershan Reddy
Neutral Citation	2011 INSC 68
Petitioner	Durbal
Respondent	State Of U.p.
SCR	[2011] 1 S.C.R. 1062
Judgement Date	2011-01-25
Case Number	1398

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