Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | falsus in omnibus Murder Evidence falsus in uno |
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: s. 302 - Murder - Acquittal by trial court - Conviction by High Court - Held: The medical evidence is quite consistent with the prosecution case that the deceased was killed by inflicting injuries by a pair of scissors - Both the eye-witnesses fully supported the prosecution case in regard to the assault by appellant on deceased with a pair of scissors - Discrepancies between statements of two eye-witnesses highlighted by trial court cannot be a ground for rejecting their deposition entirely - High Court has rightly rejected the view taken by trial court as wholly untenable and has rightly accepted the evidence of prosecution witnesses in order to bring home the guilt of the appellant - Maxim, falsus in uno, falsus in omnibus - Evidence.An FIR for the offence punishable u/s 302 IPC was lodged against the accused-appellant, who was a tailor by profession. The prosecution case was that one 'KS', the brother of PW-1, had given some cloth to the appellant for stitching; that prior to the date of occurrence there was a quarrel between the two over the delay in getting the cloth stitched; that on the date of occurrence, when 'KS', while returning home, reached in front of the shop of the accused, the latter came with a pair of scissors in his hand and attacked 'KS' who ran for his life, but the accused chased and caught hold of him and gave him several blows by the scissors. The incident was witnessed by many persons including PW-3 (the wife of victim) and PW-2, who took the victim to hospital where he was declared brought dead. The trial court acquitted the accused, but the High Court convicted him u/s 302 IPC and sentenced him to imprisonment for life. |
Judge | Hon'ble Mr. Justice Aftab Alam |
Neutral Citation | 2013 INSC 89 |
Petitioner | Rajendra Singh |
Respondent | State Of Uttaranchal |
SCR | [2013] 2 S.C.R. 783 |
Judgement Date | 2013-04-11 |
Case Number | 1702 |
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