Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860 – s.302 – Appeal against acquittal – Caseof the prosecution that accused no.1 and 2 shot dead PW-1’sdaughter and three other relatives while they were going alongwith PW-1 towards the fields to cut crop – Trial court held the accusedpersons guilty u/s.302 – High Court acquitted the accused persons– On appeal, held: It is the case where four people were murderedin broad day light – One of the deceased, PW-1’s grandson was achild of three years – High Court did not appreciate the evidenceof PW-1, the sole eye witness in proper perspective and erred indisbelieving her version on the contradictions which are not material– Version of PW-1 is corroborated by the medical evidence and theevidence of ballistic expert – In an appeal against acquittal, theappellate court would not ordinarily interfere with the order ofacquittal, but where the approach of the High Court suffers fromserious infirmity, Supreme court can reappreciate the evidence andreasonings upon which the order of acquittal is based – Judgmentof the High Court suffers from serious infirmity – Judgment of thetrial court restored – Trial court holding the case to be one of the‘rarest of rare cases’ awarded death penalty to the accused persons– However, occurrence was of the year 2006 and moreover, theappeal against accused no.2 has abated due to his death –Considering the facts and circumstances of the case and the passageof time, award of death penalty is not warranted and imposition oflife sentence upon accused no.1 would meet the ends of justice –Evidence Act – ss.27 and 134.FIR – Contents of – Held: FIR is not an encyclopaedia whichis expected to contain all the minute details of the prosecution case– It may be sufficient if the broad effects of the prosecution caseare stated in the FIR. |
Judge | Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2018 INSC 889 |
Petitioner | State Of Madhya Pradesh |
Respondent | Chhaakki Lal And Another |
SCR | [2018] 12 S.C.R. 184 |
Judgement Date | 2018-09-26 |
Case Number | 21-22 |
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