NDLI: Khurshid Ahmed Vs. State of Jammu and Kashmir

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Ranbir Penal Code – s.302
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Ranbir Penal Code, 1989 (1932 Ad) (12 of 1932)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Ranbir Penal Code – s.302 – Prosecution case that there wasa scuffle between the appellant-accused and ‘A’ over some paymentissue – Same day in evening, appellant-accused assaulted ‘A’ onhis head in presence of his father-PW-9 – ‘A’ and PW-9 rushed toclinic for first aid and then went to police station and lodged anoral complaint – Head injury resulted in the death of ‘A’ – TrialCourt acquitted accused – However, High Court reversed the orderof acquittal into conviction u/ss. 302/341 RPC – Appellant-accusedcontended that the entire case depended on the veracity of evidenceof PW-9 but he was an interested witness and therefore his evidencewas not reliable – On appeal, held: Trial Court adopted hypertechnical approach which resulted in the acquittal of the accused –FIR lodged on the basis of the oral complaint made by the deceasedat the police station was a reliable document and was made soonafter the incident – The subsequent statement of the deceased at thehospital as recorded by the I.O. was duly corroborated by theevidence of PW-9 – PWs 2 & 10 also corroborated the testimony ofPW-9 and proved the attack as PWs 2 & 10 had heard the samefrom deceased himself – PW10 had deposed to have witnessed thescuffle between the accused and the deceased at the latter’s shopin the daytime and also the threat given by the accused – PWs 2 &10 had also witnessed the recovery of weapon of offence (iron rod)at the instance of accused, as the weapon was recovered by thepolice in their presence – Presence of PWs 2 & 10 at time of recoveryof weapon and their depositions corroborate and strengthens thecase of prosecution – Further, Doctor-PW13 deposed that cause ofdeath was head injury resulted by a blunt object and further revealedthat deceased had narrated to him how he was assaul ted –Postmortem report and the evidence of doctor-PW-13 fullycorroborates with evidence of PW-9 – If the evidence of an eyewitness, though a close relative of the victim, inspires confidence,it must be relied upon without seeking corroboration with minutematerial particulars – Testimony of father-PW-9 inspired confidenceand the chain of events and circumstantial evidence thereofcompletely supports his statements which in turn strengthens theprosecution case with no manner of doubt – His evidence wasintrinsically reliable and wholly trustworthy – A conspectus of allthe material conclude that the prosecution was successful in provingthe guilt of the accused beyond reasonable doubt.Appeal – Powers of appellate Court – Held: The power ofthe appellate Court in an appeal against acquittal is same as thatof an appeal against conviction – But, in an appeal against acquittal,the Court has to bear in mind that the presumption of innocence isin favour of the accused and it is strengthened by the order ofacquittal – At the same time, appellate Court will not interfere withthe order of acquittal mainly because two views are possible, butonly when the High Court feels that the appreciation of evidence isbased on erroneous considerations and when there is manifestillegality in the conclusion arrived at by the trial Court.
Judge	Honble Mr. Justice N.V. Ramana
Neutral Citation	2018 INSC 518
Petitioner	Khurshid Ahmed
Respondent	State Of Jammu And Kashmir
SCR	[2018] 6 S.C.R. 1121
Judgement Date	2018-05-15
Case Number	872

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