Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Judicial custody Custodial torture Formidable evidence of the Medical Jurist Unnatural conduct of witnesses Acquittal of charges Contradiction between the opinion of Medical jurist and ocular testimony Custodial death Marking of exhibit Ocular evidence Proof of document Police custody Multiple injuries |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Evidence Act, 1872 (1 of 1872) Indian Penal Code (45 of 1860) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | The instant appeal is directed against the judgment dated 13.02.2017 passed by the Division Bench of the High Court, whereby, the Division Bench partly accepted the appeal preferred by the appellant accused-A1 and altered his conviction as recorded by the trial Court for the offence punishable under Section 302 of the Penal Code, 1860 to one under Section 304 Part I IPC.Headnotes Penal Code, 1860 – Custodial torture – Death of victim – Acquittal of accused – Prosecution case that the two police officers i.e. A1 and A2, assaulted J in the confines of the Amraiwadi police station at separate intervals causing multiple injuries all over his body due to which he later died – Trial Court proceeded to convict both the accused and sentenced them to imprisonment for life – A1 and A2 appealed before the High Court – During the pendency of appeal, A-2 expired – High Court affirmed the decision of the trial Court, however, the offence was toned down from Section 302 IPC to offence under Section 304 Part I IPC – Correctness: |
Judge | Honble Mr. Justice Sandeep Mehta |
Neutral Citation | 2024 INSC 490 |
Petitioner | Vinod Jaswantray Vyas (dead) Through Lrs. |
Respondent | The State Of Gujarat |
SCR | [2024] 7 S.C.R. 365 |
Judgement Date | 2024-07-09 |
Case Number | 2038 |
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