Content Provider | Supreme Court of India |
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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(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860 – s.302 – Prosecution case that the victimwhile attending a marriage, had altercation with some persons whothreatened him and went away – They subsequently came back withmore persons at night and assaulted the victim – Allegedly 11persons were involved in the crime – Victim was taken to policestation and FIR was lodged, thereafter he died in the hospital –Trial Court acquitted 6 accused persons, however, remaining 5persons were convicted u/ss.148,302/149 – Appeal dismissed bythe High Court – Aggrieved, two accused persons, A-3 and A-5filed appeal – Held: Prosecution has failed to prove the allegedoffence by adducing cogent and trustworthy evidence – High Courthas also not dealt with the matter in accordance with the settledprinciples of law – Record reveals that the entire case of prosecutionwas based on the evidence of two prosecution witnesses i.e. P.W-1and P.W-5 – In instant case, the Courts below failed to take intoconsideration the contradictions and distortions in the evidence ofP.W-1 & 5 – From the evidence of P.W-1, it transpires that theparticipation and the role played by the appellants (A-3 and A-5) inthe crime was limited to giving blows with fists and legs to thedeceased, whereas, P.W-5 stated differently that one appellant(A-5) had also attacked the victim holding a knife – There was nocorroboration among their statements, who were the prime witnesses,as to the role played by the accused – In the FIR also, it was statedthat appellants had beaten the victim with hands and feet and noweapon was ascribed to have been held by them – The post mortemreport and evidence of the doctor did not disclose any injuriessuffered by the victim resulted from the beatings received by fists,cuffs and legs as such injuries were not visible – Prosecution hadmade large number of assailants as accused to have attacked thevictim, but the evidences of witnesses was full of discrepancies andthey were not able to state as to how the appellants caused injuries to the victim leading to his death – Discrepancies andcontradictions in the case on hand go to the root of the matter andare material ones and based on such evidence, it is not possible toconvict the accused. |
Judge | Honble Mr. Justice N.V. Ramana |
Neutral Citation | 2018 INSC 359 |
Petitioner | Shanker |
Respondent | State Of Madhya Pradesh |
SCR | [2018] 6 S.C.R. 814 |
Judgement Date | 2018-04-18 |
Case Number | 1785 |
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