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 - Murde |
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- s.302 - Murder- Prosecution . case that appellant and victim were working together in a o business - In connection thereof, they checked in at a hotel - Same day appellant locked the hotel room and left alone with the room key and did not return - Two days later, room boy noticed bad odour coming from the said room- However, the room was opened the next day with the master key given E by the manager- Decomposed body of the victim found in the room -Eighteen months later appellant surrendered before the Judicial Magistrate - Appellant allegedly voluntarily confessed that he killed the victim - However, in the statement uls. 313 Cr.PC. appellant denied his complicity F in the offence - On basis of circumstantial evidence, courts below convicted and sentenced the appellant uls. 302 - On appeal, held: High Court was not correct in drawing an adverse inference against the accused because of what he stated or G what he failed to state in his examination uls. 313 CrPC - It was incumbent on the High Court to deal with the so-called confession in detail - Reading of the judgment does not immediately reveal whether the conviction of the accused by the courts below was predicated on his alleged confession H - Investigation conducted by the police was not satisfactory Both the prosecution and the High Court took the deposition A of the room boy to be trustworthy, ignoring the fact that the room boy as well as the Manager had access to the hotel room for three days before the body of the deceased was found - They had as much motive and opportunity to have committed the crime as was remotely attributed to the B accused- Thus, the statement of the said witnesses cannot be relied - Failure of the prosecution to prove the case beyond reasonable doubt, the accused to be given benefit of doubt. |
Judge | Hon'ble Mr. Justice Vikramajit Sen |
Neutral Citation | 2015 INSC 186 |
Petitioner | Nagaraj |
Respondent | State Rep. By Inspector Of Police, Salem Town, Tamil Nadu |
SCR | [2015] 3 S.C.R. 450 |
Judgement Date | 2015-05-10 |
Case Number | 1311 |
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