Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860: ss.302/34 Penal Code |
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: ss. 302/34 -Murder-Previous enmity of A-2 with the victim deceased-A-2 came on the spot with other accused and pointed towards the deceased- One of the boys accompanying A-2 fired a shot at the deceased - Conviction of A-1 to A-4 by courts below -Appeal by A-2 and A-3 -Held: Evidence of eye-witness was duly corroborated by other witnesses-Discrepancies in the depositions of the prosecution witnesses were minor and not material to shake their trustworthiness and involvement of A- 2 and A-3 -Complicity of A-2 and A-3 was duly established by medical and other evidence-Conviction upheld. FIR: Delay in lodging- Plea that FIR was registered belatedly and the time was used to falsely implicate the accused because of previous enmity - On facts, held: Plea not tenable-The sequence of facts did not lead to an inference that there was delay in registration of FIR or it lacked spontaneity. Witness:Hostile witness-Testimony of -Admissible value-Held: The evidence of a hostile witness remains the admissible evidence and it is open to the court to rely upon the dependable part of that evidence which is found to be acceptable and duly corroborated by some other reliable evidence available on record. |
Judge | Honble Mr. Justice R. M. Lodha |
Neutral Citation | 2011 INSC 7 |
Petitioner | Himanshu@chintu |
Respondent | State Of Nct Of Delhi |
SCR | [2011] 1 S.C.R. 48 |
Judgement Date | 2011-01-04 |
Case Number | 560 |
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