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 Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860 – ss.148, 435 r/w. s.149 and s.302 r/w.s.149 – Case of the prosecution that when mother and brother of‘S’ (PW-1 and PW-2 respectively) were going in an auto, ‘S’ alongwith PW-3 followed them on a motor cycle – Appellant along withother accused persons surrounded ‘S’ – One of the accused threwa lighted match stick into the petrol tank of the bike of ‘S’ and burntit into fire – On seeing this, PW-1, ‘S’ and PW-3 ran in variousdirections with PW-1 following ‘S’ – When they reached near a field,all the accused surrounded ‘S’ – ‘S’ was stabbed with knives anddied on the spot – Trial court convicted all the accused – HighCourt dismissed the appeal preferred by the appellant – Held: PW-1 is the star witness for the prosecution – Evidence of PW-1 is clearthat the accused persons had caused the injuries as stated by her –Her evidence is cogent, consistent and amply supported by medicalevidence and other evidence – Overt act of the appellant that hecut the deceased with aruval had been categorically spoken by PW-1 – Plea of appellant of false implication was concurrently rejectedby both the courts below, there is no ground to interfere with suchconcurrent finding of fact – Upon appreciation of evidence, thecourts below recorded concurrent findings of fact qua appellant accusedthat he along with other accused murdered ‘S’– No groundwarranting interference with the verdict of conviction.Evidence – Motive – When not important – Held: Where thecase of the prosecution is based on the evidence of eye witnesses,the existence or non-existence of motive, sufficiency or insufficiencyof motive will not play such a major role as in the case which isbased on circumstantial evidence.Evidence – Oral and Medical Evidence – Inconsistencybetween – Held: Oral evidence has to get primacy and the medicalevidence is basically opinionative.Criminal Trial – FIR – Delay in registration of – When notfatal – Discussed. |
Judge | Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2018 INSC 1105 |
Petitioner | Palani |
Respondent | State Of Tamil Nadu |
SCR | [2018] 13 S.C.R. 658 |
Judgement Date | 2018-11-27 |
Case Number | 1100 |
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