Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860 - ss.302134 - Murder - Prosecution case |
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 - ss.302/34 - Murder - Prosecution case was that on the fateful day, the accused persons demanded return of their money from the neighbour of the victim-deceased - Deceased requested !hem lo waive off the amount and due to that altercation took place between the deceased and the two accused - After half an hour the accused persons came back on scooter and thereafter deceased also left with them but on his separate scooter - Thereafter, deceased did not return and next day his dead body was found in an open ground - Trial court relying upon the testimony of chance witnesses held both the accused guilty u/ss. 302/34 - High Court affirmed conviction - On appeal, held: It is not clear from the record as to how these chance witnesses, who stated that they heard altercation between the deceased and The two accused after midnight and thereafter heard sound of fire, were present at the spot - The testimony of these witnesses could not be said to be reliable or trustworthy particularly when their statements were not corroborated from other evidence on record - In view of the conclusion of the Forensic Science Laboratory that the firing mechanism of the country-made pistol was not in working order and no opinion could be formed regarding the linkage of the pistol with the crime in question, the prosecution story, as narrated by chance witnesses was highly doubtful - Apart from this, though the motive of crime is not necessarily required to be proved, but in the case like the present one where the appellants are named on suspicion by informant, the motive appears to be relevant fact - Informant simply mentioned that the deceased had asked the two accused to waive of the remaining amount of 250/- from the loan of 10,000/- taken by his neighbour but the same would not appear to be a convincing motive to commit the crime by the accused - The said neighbour was not examined by prosecution - Even otherwise, in the FIR it was nowhere mentioned why actually deceased had gone in his separate scooter with the two accused from his house - Prosecution Failed to prove the charge of offence punishable u/ss. 302/34 against the two accused - Both the accused are acquitted of the charges.ยท |
Judge | Hon'ble Mr. Justice Prafulla Chandra Pant |
Neutral Citation | 2017 INSC 216 |
Petitioner | Pawan @ Rajinder Singh And Another |
Respondent | State Of Haryana |
SCR | [2017] 2 S.C.R. 882 |
Judgement Date | 2017-03-08 |
Case Number | 2194 |
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