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 - Murder - Allegation that two accused along with others unlawfully assembling together with a common object to murder the victim |
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 - Murder - Allegation that two accused along with others unlawfully assembling together with a common object to murder the victim - Indiscriminate cuts caused over his body using aruval resulting in his death - Injuries to sons of victim, who tried to intervene - Conviction of two accused for offence punishable u/s 302 by the courts below - Interference· with - Held: Not called for - Injuries found on the person of the deceased duly supported by medical evidence as well as corroborated by the deposition of PW-1 - FIR was lodged promptly - PW 2 turned hostile but supported the case of the prosecution with regard to one of the accused, thus, his evidence is reliable - There was sufficient light and PW 1 could identify the accused being closely related and well known even in the darkness - Further, there is it cannot be said that on the basis of the same evidence, 15 accused persons had been acquitted, the present accused could not have been convicted - Evidence. Witness - Non-cross-examination on a particular issue - Effect of - Held: When question is not put to the witness in cross-examination who could furnish explanation on a particular issue, the correctness or legality of the said fact/ issue could not be raised. Witness - Hostile witness - Evidentiary value of - Held: Evidence of hostile witnesses cannot be discarded as a whole - Relevant parts which are admissible in law, can be used by prosecution or defence. Evidence - Residue evidence - Effect of - Held: Even if major portion of the evidence is found to be deficient, in case residue is sufficient to prove guilt of an accused, it is the duty of the court to 'separate grain from chaff - Falsity of particular material witness or material particular would not ruin it from the beginning to end - Maxim falsus in uno falsus in omnibus-false in one thing, false in everything has no application in lndia - Maxims. |
Judge | Hon'ble Dr. Justice B.S. Chauhan |
Neutral Citation | 2014 INSC 407 |
Petitioner | Paulmeli And Anr. |
Respondent | State Of Tamil Nadu Tr. Insp. Of Police |
SCR | [2014] 6 S.C.R. 420 |
Judgement Date | 2014-05-23 |
Case Number | 1636 |
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