Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Murder falsus in uno falsus in omnibus injured witness |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860: s.302 r/w s.34 - Murder - Brutal murder and serious injury to one - Conviction by courts below - On appeal, held: The injured witness narrated the incident and defence could not point out any dent in his evidence - The prosecution witnesses corroborated the evidence of injured witnesses - There was strong motive to commit murder as there was previous enmity between the complainant party and the accused persons - Evidence of eye witnesses was not discrepant on the material aspect of the prosecution case and therefore reliance rightly placed on them by courts below - No interference called for with the conviction. Witness: Related/Interested witness - Evidentiary value of - Held: Evidence of interested witness is not always a suspect - It has to be scrutinized with caution and can be accepted if it is found reliable.Evidence: Exaggeration in - Held: If the exaggeration does not change the prosecution story or convert it into an altogether new story, allowance can be made for it - If evidence of a witness is to be disbelieved merely because he has made some improvement in his evidence, there would hardly be any witness on whom reliance can be placed by the courts. Maxim: ‘falsus in uno falsus in omnibus’ - Held: Has no application in India - It is merely a rule of caution. |
Judge | Hon'ble Ms. Justice Ranjana Prakash Desai |
Neutral Citation | 2014 INSC 63 |
Petitioner | Sheesh Ram And Ors. |
Respondent | The State Of Rajasthan |
SCR | [2014] 2 S.C.R. 155 |
Judgement Date | 2014-01-29 |
Case Number | 191 |
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