Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860: ss.148 452 r/w s.149 — Victim- deceased attacked 302 Penal Code 342 |
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: ss.148, 302, 342, 452 r/w s.149 — Victim- deceased attacked and shot dead in a shop — Allegations against appellants that they were standing in the street and preventing people from entering the shop and from moving on the street in front of the shop at the time when other accused persons were assaulting the victim — Conviction of appellants under ss.148, 302, 342, 452 r/w 5.149 by courts below — Challenge against - Held: Statement of eye-witnesses was to the effect that the appellants were not involved in the assault which took place inside the shop — Neither of these appellants were stated to have caused injuries to the deceased ~ Naming the persons who were purportedly prevented from entering the shop premises was an afterthought, as these persons were not named when PW7 registered his complaint, on the date of the occurrence itself — Evidence showed that there was previous enmity between complainant party and the appellants — Therefore, it is difficult to conclude that the appellants were involved in the occurrence — Appellants entitled to benefit of doubt and hence acquitted.Allowing the appeal, the Court HELD: 1. The statement of PW-7 was to the effect that besides stopping people from moving on the street, some named persons, were also prevented from entering into the shop. It is not a matter of dispute, that the instant version was an addition to the original version depicted by PW7, at the time of registering the complaint. Inasmuch as, in the First Information Report, it was neither stated that any of these appellants, namely — A2, A4, A7, A8 and All, were armed. And furthermore, none of the persons who have now been named (as having been prevented from entering the shop), were mentioned earlier. The version |
Judge | Honble Mr. Justice Jagdish Singh Khehar |
Neutral Citation | 2016 INSC 956 |
Petitioner | Randhir @ Randhir Pal & Ors. |
Respondent | State Of Haryana |
SCR | [2016] 5 S.C.R. 827 |
Judgement Date | 2016-10-06 |
Case Number | 1580 |
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