Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860 : ss. 302 and 302/34 Penal Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860 : ss. 302 and 302/34 – Marriage betweenM and accused no. 4 – However, strained relations between thecouple and their families – After a month, accused no. 4 left hermatrimonial home, due to grudge between the other accusedpersons-brothers of A-4, and M and his sister – Thereafter, accusedno. 1, 2 and 3 armed with deadly weapons attacked M – Accusedno. 1 instigated accused no. 2 and 3 who inflicted injuries on Mresulting in his death – Father and brother of M witnessed theoccurrence – On the same day accused no. 3, 2 and 4 attacked thesister of deceased in presence of her ten year old daughter –Conviction of accused no. 1 u/s. 302/34, accused no. 2 and 3 u/s.302 (two counts) and accused no. 4 u/s. 302 and sentencedaccordingly – High Court upheld conviction and sentence of accusedno. 2 to 4, however, acquitted accused no. 1 – Interference with –Held: Not called for – View taken by the High Court in convictingthe accused whose guilt has been proved beyond reasonable doubtcannot be faulted – There is no error in appreciation of evidence orany error of law in the judgment passed by the High Court – Motiveto commit the crime on the part of the accused is quite clear –Evidence of ocular witness-father and brother of the deceasednarrates the guilt of the accused beyond reasonable doubt – Non-examination of independent witnesses and conviction on the basisof the family members not fatal to the prosecution case – Further,the evidence of ten year old girl has credibility and corroborateswith that of medical evidence – Evidence – Witness.Evidence: Related witness – Credibility – Held: Related is notequivalent to ‘interested’ - Relationship is not a factor to affectcredibility of a witness – Merely because the eye-witnesses are familymembers their evidence cannot per se be discarded – When there isallegation of interestedness, the same has to be established. |
Judge | Honble Mr. Justice N.V. Ramana |
Neutral Citation | 2018 INSC 271 |
Petitioner | Ganapathi & Anr. |
Respondent | The State Of Tamil Nadu |
SCR | [2018] 3 S.C.R. 51 |
Judgement Date | 2018-03-27 |
Case Number | 1312 |
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