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 r/w s.149 - |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860: s.302 r/w s.149 - Prosecution case was that victim-deceased, son of complainant was assaulted by the appellants and other accused with lathis and sword resulting in his death on the spot itself - Incident witnessed by father-complainant - Conviction by courts below - Challenged on the ground of delayed lodging of FIR and plea of false implication - Held: The ocular version that the accused persons had inflicted the injuries with weapons due to which the victim died was corroborated by medical evidence - The doctor clearly stated that injury Nos.I to 10 were caused by sharp-edged weapon and the contusion in the form of a lathi mark on the back, right side and multiple bruises and contusions in the for.111 of lathi marks on the front chest and both arms were caused by blunt object like lathi - Thus, the version of the complainant was quite reliable - He would be the last person to spare the actual assailant and would not implicate the accused falsely - He had no enmity with accused persons - Delay in lodging the FIR was satisfactorily explained, being father of deceased he became unwell for two hours after death of his son - Reading of the entire statement of complainant inspired confidence and both the courts below accepted the version after detailed appreciation of the evidence and there were no inherent improbabilities in the version unfolded by witness - Thus, conviction was rightly recorded |
Judge | N/A |
Neutral Citation | 2016 INSC 1169 |
Petitioner | Anil@ Bawa |
Respondent | State Of Haryana |
SCR | [2016] 3 S.C.R. 508 |
Judgement Date | 2016-02-25 |
Case Number | 894 |
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