Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860: ss. 302 and 201 |
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 201 – Murder – Circumstantial evidence – Conviction of appellant-accused by trial court affirmed by High Court – Concurrent findings of the courts below – On appeal, held: The chain of events which led to death of the deceased was established without any break implicating the appellant with the chain of events – Appellant could not prove any material contradiction or inconsistency in evidence – No reason to interfere with the concurrent finding of the courts below. Appeal: Concurrent findings of the lower courts – Held: Where the findings of conviction are concurrent in nature and based on appreciation of evidence, such findings are usually binding on Supreme Court – However, if the appellant is able to show any perversity, arbitrariness, absurdity or illegality in any such concurrent findings then, in such circumstances, the findings though concurrent are not binding on Supreme Court. Evidence: Minor contradictions – Effect on prosecution case – Held: It is a well settled principle of criminal law that some minor contradiction or inconsistency in evidence cannot affect the material evidence and such contradiction or inconsistency cannot be made basis to discard the whole evidence as unreliable – It is much more so when the two courts below took note of the said evidence and discarded it being wholly immaterial. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2018 INSC 257 |
Petitioner | Gorusu Nagaraju S/o Apparao |
Respondent | State Of Andhra Pradesh |
SCR | [2018] 3 S.C.R. 60 |
Judgement Date | 2018-03-23 |
Case Number | 1032 |
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