Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860/ Arms Act 1959 |
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/ Arms Act, 1959-Section 302/Sections 25 and 27- Murder-Prosecution-Eye-witnesses-Recovery of fire arms at the behest of accused-FIR promptly lodged-Presence of motive- Acquittal by Trial Court-Conviction by High Court after re-appreciation of evidence-On appeal, held: Conviction was justified-Acquittal granted by Trial Court was unreasoned and without critically and objectively analyzing the evidence. Criminal Trial:Related witness-Reliability on-Held: such witness can be relied upon, if found to be truthful and credible after deep scrutiny.Opinionative Evidence of Doctor-Effect of-On evidence of eyewitnesses-Opinionative evidence does not have binding force and hence cannot wipe out the effect of evidence of eye-witnesses-Such evidence is liable to be sifted, analysed and tested like any other witness.Code of Criminal Procedure, 1973-Section 378--Criminal appeal-Against order of acquittal-Review of evidence by Appellate Court-Scope of-Held: There is no embargo on appellate court to review the evidence-In review paramount consideration is to prevent miscarriage of justice- Where admissible evidence is ignored, a duty is cast upon the appellate Court of to re-appreciate the evidence. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2004 INSC 236 |
Petitioner | Main Pal And Anr. |
Respondent | State Of Haryana And Ors |
SCR | [2004] 3 S.C.R. 768 |
Judgement Date | 2004-04-05 |
Case Number | 1446-1448 |
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