Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860 – s.302 r/w s.34 Penal Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860 – s.302 r/w s.34 – Gun shot – Murder ofvictim-deceased and injuries to his brother – Conviction by trialcourt on evidence of eye-witness who was victim’s lawyer-brother-PW1 – High Court set aside conviction doubting the presence ofPW1 at the time and place of occurrence – State’s appeal againstacquittal – Held: PW-1 being a lawyer having good practice andalso a member of the Nagar Palika giving audience to the public inthe morning, the High Court rightly doubted his presence at theplace of occurrence at 9.30 a.m. on the day of incident – HighCourt also doubted the evidence of PW-1 as to why an advocatelike PW-1 instead of going to the court would follow his brotherwho was taking the cattle for grazing in the jungle – Absence ofbullet holes on the clothes of the deceased also created a doubtabout the case of the prosecution and the time and manner alleged– Raising doubts about the case of the prosecution, the High Courtextended the benefit of doubt to the respondents-accused to reversethe conviction – The view taken by High Court did not suffer fromany serious and substantial error warranting interference – Noreason to take a different view. |
Judge | Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2018 INSC 771 |
Petitioner | The State Of Uttar Pradesh |
Respondent | Raja Etc. |
SCR | [2018] 11 S.C.R. 23 |
Judgement Date | 2018-08-30 |
Case Number | 396 |
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