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 |
Act(s) Referred | Indian Penal Code (45 of 1860) |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860 – ss.302/307/34 – Appellant-accusedstrongly opposed the marriage between her daughter (PW-4) andPW-1 – Brother and mother of PW-1 shot dead on the first floor oftheir house – Appellant’s acquittal reversed by High Court –Propriety of – Held: PW-4 is the daughter of the appellant – PW-4deposed that soon after the occurrence, the appellant told her thatshe got the brother and mother of PW-1 killed because PW-4 didnot listen to her and that PW-1 would be killed next– In a criminaltrial, normally the evidence of the wife, husband, son or daughterof the deceased, is given great weightage on the principle that thereis no reason for them not to speak the truth and shield the realculprit – There is no reason why the same principle cannot be appliedwhen such a witness deposes against a closely related accused –According to normal human conduct, a witness would tend to shieldand protect a closely related accused– It would require greatconviction and moral strength for a daughter to depose against herown mother who is an accused – PW-4’s statement can be consideredas a corroborative evidence being a voluntary extra judicialconfession, considering the nature of relationship between thewitness and the appellant – PW-3 (brother of PW-1) saw theappellant and the other accused with blood stained clothes –A bloodstained lock and key and Chunni of the appellant was also recoveredon confession of the appellant – PW-2 (sister of PW-1) was also areliable witness to the occurrence – No merit in the appeal– However,High Court’s direction denying the benefit of remission to theappellant till she completes twenty-five years of custody isunsustainable– Impugned judgment set aside to that extent only–Sentencing.Evidence – Injured witness – Appreciation of – Discussed.Criminal Trial – Witness – Minor contradictions in evidenceof – Effect of– Discussed.Criminal Trial – Duty of a Judge – Discussed. |
Judge | Hon'ble Mr. Justice Navin Sinha |
Neutral Citation | 2018 INSC 833 |
Petitioner | Smt. Shamim |
Respondent | State (gnct Of Delhi) |
SCR | [2018] 11 S.C.R. 677 |
Judgement Date | 2018-09-19 |
Case Number | 56 |
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