Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Murder Circumstantial evidence |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860 - s. 302 - Murder - Circumstantial evidence - Medical evidence that 2 of the 9 injuries on the C deceased could not have been caused by the alleged weapon of offence - Courts below on the basis of the motive and circumstances of the case convicted the accused - On appeal, held: Motive not proved - But absence of motive would not affect the prosecution case where the chain of other circumstances establish beyond reasonable doubt that the accused and accused alone committed the offence - Circumstances of the present case prove the prosecution case beyond reasonable doubt - As per the medical evidence, majority of the injuries were stated to have been caused by the weapon of crime and were sufficient in the ordinary course to cause death - The general good behaviour of the accused has no nexus with the offence alleged - Conviction upheld.The appellant-accused was prosecuted for killing 13- 14 years old boy. The prosecution case is based on circumstantial evidence. The motive for murder was that the accused took revenge from his uncle by killing the deceased (deceased being son of the uncle) because the uncle as a guardian to him was not giving him an amount of Rs. 80,000/ which was in a fixed deposit in his name. Trial court convicted him u/s. 302 IPC. High Court affirmed the conviction.In appeal to this Court, appellant-accused contended that motive could not be said to have been proved; that PW5 deposed that the accused had a good behaviour and had no bad habit; and that as per the medical evidence, injury Nos. 8 and 9 on the person of the deceased could not have been caused by the weapon of offence i.e. 'dantli', and therefore prosecution failed to establish its case beyond reasonable doubt. |
Judge | Hon'ble Mr. Justice A.K. Patnaik |
Neutral Citation | 2013 INSC 104 |
Petitioner | Vivek Kalra |
Respondent | State .of Rajasthan |
SCR | [2013] 1 S.C.R. 1070 |
Judgement Date | 2013-02-15 |
Case Number | 221 |
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