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.34 - Murder - |
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 r/w s.34 - Murder - Allegation that appellant along with other three accused fired bullet at victim-deceased which hit him in the n_neck due to which deceased fell down and became unconscious - Deceased was rushed to hospital where he succumbed to injuries after few days - Trial court convicted all the accused u/s.302 - High Court upheld conviction of appellant while acquitted other accused - On appeal, Held: Sole eye-witness (PW-8) stated that he took the deceased to the hospital and the blood was oozing from his body - However, during investigation blood stained clothes were not seized by the investigation officer - This made his presence highly suspicious - Testimony of sole witness was at variance with the medical evidence - There were several infirmities in the dying declaration - There was variance in the statements of PW-6 and PW-8 with regard to the distance between the deceased and the appellant-accused - The contradiction, i.e., the distance of fire,- is material and such an important aspect cannot be ignored - There is no material to connect that the gunshot injury suffered by the deceased was due to the shot fired from the firearm of the appellant-accused - Though the bullet was recovered but the same was not connected with the weapon - Moreover, the prosecution was~not able to prove the motive clearly - Appellant entitled to benefit of doubt - Conviction set aside. Criminal law: Use of weapon - Held: In a case where death is due to injuries or wounds'caused by a lethal weapon, it is always the duty of the prosecution to prove by expert evidence that it was likely or at least possible for the lfl}uries to have been caused with the weapon with which and in the manner in which they are alleged to have been caused. |
Judge | Hon'ble Mr. Justice R.K. Agrawal |
Neutral Citation | 2016 INSC 862 |
Petitioner | Pankaj |
Respondent | State Of Rajasthan |
SCR | [2016] 5 S.C.R. 816 |
Judgement Date | 2016-09-09 |
Case Number | 2135 |
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