Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860-ss. 302 r/w 149 Penal Code 147 and 148-Triple murder |
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. 302 r/w 149, 147 and 148 - Triple murder - Two eye witnesses accompanying the deceased at the time of incident - One of them killed during trial - Other turning hostile - Two more eye-witnesses supporting prosecution case - Testimony of eye-witnesses supported by medical evidence - Trial Court acquitting one and convicting rest of the accused - High Court further acquitting four accused and convicting rest of the accused - Appeal against conviction as well as acquittal - Held: Order of Courts below not liable to be interfered with in the facts of the case - Prosecution case is proved by testimony of eye-witnesses and medical evidence.Evidence - Chance witness - Testimony of - Reliability on - Held: If testimony of chance witness found to be creditworthy, the same not to be discarded on mere ground that his presence was by chance.Appellants-accused were charged u/ss.147, 148, 302 r/w s. 149 IPC for having caused death of three persons. The prosecution case was that when the three deceased were coming in a car alongwith First Informant and PW-4, appellants-accused alongwith other accused, all armed with fire arms, started firing at the car from a close range as the car stopped after collusion with a bus. The firing resulted in instant death of three, who were sitting on the front seat of the car. First Informant and PW-4, sitting on the rear seat, rushed out of the car and in that process received some injuries. One of the accused picked up rifle of PW4 which was kept in the car. They ran away from the spot. First Informant lodged FIR. Statements of PW4 and First Informant were recorded by the Police.During trial, First Informant was killed. PWs 1, 4 and 5 were examined as eye-witnesses. PW4 was declared hostile. Trial Court acquitted one of the accused of all the charges. However, other accused were convicted u/s. 147, 148, 302 r/w s. 149 IPC.High Court further acquitted four of the accused holding that their names had been revealed by PW-1 for the first time in Court and their conviction could not be based on the testimony of PW5 alone. Hence the present appeals against conviction as well as acquittal.Accused contended that Fm has come into existence after inquest proceedings; that the delay in sending the Special Report to the Magistrate has not been explained; that PWs 1 and 5 were chance witnesses and have not been able to explain their presence at the spot; that non-examination of third person (the owner of the motor cycle) with whom PWs 1 and 5 had reached the spot, is fatal: that PW 4 turning hostile caused doubt on the prosecution story; that there was conflict in evidence regarding the dead bodies lying outside or inside the car, that there was no evidence to show that the car collided with a bus coming from opposite side bringing it to a sudden, stop; and that the prosecution ·case that Pistols and Carbines had been used for the offence, are falsified by medical evidence indicating use of only shotgun. |
Judge | Hon'ble Mr. Justice H.S. Bedi |
Neutral Citation | 2007 INSC 1066 |
Petitioner | Sarvesh Narain Shukla |
Respondent | Daroga Singh & Ors. |
SCR | [2007] 11 S.C.R. 300 |
Judgement Date | 2007-10-12 |
Case Number | 752-755 |
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