Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860 - s.302 rlw s.49 - Prosecution case was |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860 - s.302 r/w s.49 - Prosecution case was that there was dispute between the complainant party and accused party due to panchayat elections - On fateful day, accused persons armed with lathis and farsis intercepted complainant party and attacked them resulting in death of one person - Trial court acquitted the accused persons on the ground that there were injuries on both the sides; that there were six eye-witnesses including injured eye- witness but only one of them was an independent witness who however turned hostile; and that two other independent eye witnesses were available but were not examined - High Court, however, reversed the order of acquittal - On appeal, held: Presence of the kingpin 'sarpanch at the spot was itself doubtful in view of the fact that he attended the Court at some distance and arrived by bus after the incident took place - The findings of High Court that the unquestioned injuries could only lead to the conclusion that there was a scuffle without premeditation and the minor injuries on members of the accused party proved their presence at the incident, not sustainable - Also, High Court erred in discarding trial court's reasoning that the only independent eye-witness turned hostile and two other independent witnesses were not examined, leading to the conclusion that the prosecution story became doubtful - Interference with the order of High Court called for - Conviction set aside. |
Judge | Hon'ble Mr. Justice R.F. Nariman |
Neutral Citation | 2017 INSC 254 |
Petitioner | Hakeem Khan & Ors. |
Respondent | State Of M.p. |
SCR | [2017] 2 S.C.R. 735 |
Judgement Date | 2017-03-22 |
Case Number | 612 |
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