Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Evidence |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Issue for consideration:Case of the prosecution rested primarily on the testimonies of threewitnesses, conviction of the appellants for offence punishable u/ss.148, 302 r/w 149, 307 r/w 149, IPC and ss.4/5 of the ExplosiveSubstance Act, 1908 and the consequent sentence imposed, ifjustified.Evidence – Testimonies of eyewitnesses – Reliance uponHeld: Death of the deceased ‘C’ and his son ‘K’ is undisputed –Deceased ‘C’ having sustained multiple injuries upon vital partsof the body as a result of the bombs being thrown at him alsostands proved – Testimonies of three witnesses is coherent onmaterial facts such as the presence of the accused on the spot ofthe crime; the death of the deceased; a blast having taken place;and the accused being the assailants – No force in the contentionthat the testimonies relied on by the prosecution are inherentlycontradictory – Further, on facts, delay in filing of the FIR cannotbe said to be fatal – Present is not a case of prior consultation;discussion; deliberation or improvements – Furthermore, defencewitnesses do not conclusively establish the plea of alibi, based onthe principle of preponderance of probability as their statementsstand unsupported by any other corroborative evidence – For theplea of alibi to be established, something other than a mere ocularstatement ought to have been present – All 3 primary witnesses ofthe prosecution i.e., PW-3, PW-16, and PW-17 have categoricallydeposed the presence of the appellants at the spot of the crimeand such a statement could not be shaken in cross-examination– Also, the plea of the appellants that the deceased ‘C’ was ahistory-sheeter and had scores of criminal cases pending againsthim and thus, probably someone other than the appellants wouldhave wanted his elimination, is unsubstantiated as no details wereprovided in respect of such cases involving the deceased – Simplybecause the deceased had a chequered past constituting severalrun-ins with the law, Courts cannot give benefit thereof to thoseaccused of committing such a person’s murder, particularly whensuch claims are bald assertions – Charges levied against theaccused and the sentence as awarded by the Courts below notinterfered with – Bail granted to the appellants stands cancelled,to surrender – Indian Penal Code, 1860 – ss.149, 307 r/w 149 –Explosive Substance Act, 1908 – ss.4/5. [Paras 11, 14, 21-25, 27]Evidence – Plea of alibi – Principles regarding:Held: It is not part of the General Exceptions under the IPC andis instead a rule of evidence u/s.11, Evidence Act, 1872 – Thisplea being taken does not lessen the burden of the prosecutionto prove that the accused was present at the scene of the crimeand had participated therein – Such plea is only to be consideredsubsequent to the prosecution having discharged, satisfactorily, itsburden – Burden to establish the plea is on the person taking sucha plea by leading cogent and satisfactory evidence – A standard of‘strict scrutiny’ is required when such a plea is taken – EvidenceAct, 1872 – s.11. [Para 19.1-19.5]Criminal Law – Delay in registration of FIR – Principles oflaw – Discussed. |
Judge | Hon'ble Mr. Justice Sanjay Karol |
Neutral Citation | 2023 INSC 895 |
Petitioner | Kamal Prasad & Ors. |
Respondent | The State Of Madhya Pradesh (now State Of Chhattisgarh) |
SCR | [2023] 13 S.C.R. 810 |
Judgement Date | 2023-10-10 |
Case Number | 1578 |
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