Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860-Sections 120A Penal Code 120B and 302 |
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-Sections 120A, 120B and 302-Criminal Procedure Code, 1973--Section 2(b)-Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA)--Sections 3(3), 4, 5, 6 and 15-Appellant was involved in giving provocative speeches for formation of Khalistan and inciting violence fanning religious feelings-Appellant and other accused charged for criminal conspiracy and murder of deceased under IPC and TADA-Prosecution relied on confession statement of one of the accused, who died without facing trial, in convicting the appellant-Designated Court convicted only the appellant under section 4 of TADA for making provocative speeches and acquitted the appellant and other accused from the offence of criminal conspiracy and murder-Designated Court disregarded the evidences of some witnesses being relatives of the deceased-Correctness of-Held, use of a confessional statement against the accused under Section 15 of TADA is permissible when both the accused making the confessional statement and the co-accused are facing trial after framing of charges-Designated Court was wrong in disregarding the evidences of witnesses merely on the ground of relationship without giving reasons-Evidences of such witnesses can be acted upon if they are cogent and credible-Ingredients necessary for conviction under section 4 of TADA have been clearly established by prosecution against appellant-On evidence, the conviction for criminal conspiracy and murder not established by prosecution-Evidence Act, 1872 : Section 30-Indian Arms Act, 1959 : Section 27.Constitution of India-Article 136--Special Leave Petition by son of the deceased challenging the acquittal of appellant and other accused by Designated Court-Maintainability of-Held, maintainable-Supreme Court has discretionary power to entertain such appeal to prevent serious miscarriage of justice. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2004 INSC 170 |
Petitioner | Esher Singh |
Respondent | State Of Andhra Pradesh |
SCR | [2004] 2 S.C.R. 1180 |
Judgement Date | 2004-03-15 |
Case Number | 1363 |
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