Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | approver motive accomplice |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Evidence Act, 1872 (1 of 1872) Indian Penal Code (45 of 1860) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860 - ss. 302, 307, 427 r/w s. 34 - Explosive Substances Act, 1908 - s. 3 r/w s. 34 /PC - Prosecution under - Bomb planted by A3 at the instruction C of A1 and A2 at the shop of PW-14 with intention to kill him - Resulted in death and injuries to the employees of PW14- A3 was granted pardon and examined as approver - Conviction of A1 and A2 by courts below - Appeal by A2 - Held: Prosecution case is supported by the eye-witnesses, o injured witnesses and the approver - Motive established - Conviction justified. Evidence Act, 18'?2 - s. 133 - Evidence of accomplice - Evidentiary value - A conviction cannot be held illegal merely because it proceeds upon the uncorroborated testimony of a accomplice - But it is established rule of practice that it is unsafe to record a conviction on the testimony of an approver unless the same is corroborated in material particulars by some untainted and credible evidence - In the instant case, the evidence of approver was duly corroborated in the form of oral depositions as also forensic evidence. |
Judge | Honble Mr. Justice T.S. Thakur |
Neutral Citation | 2013 INSC 19 |
Petitioner | Venkatesha |
Respondent | State Of Karnataka |
SCR | [2013] 2 S.C.R. 613 |
Judgement Date | 2013-01-08 |
Case Number | 135 |
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