Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | FIR 1860 assault Penal Code s.302 direct evidence |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860 – s.302 – One ‘G’ was assaulted with swords by seven persons – ‘G’ succumbed to injuries – Five accused including appellant were tried together while two were absconding – Appellant alone was convicted for offence punishable u/s.302, IPC simpliciter – On appeal, held: Finding of guilt recorded by the Trial Court against the appellant and affirmed by the High Court is a possible view and needs no interference – Merely because the appellant alone was convicted for the stated offence simpliciter u/ s.302, while the other co-accused were acquitted, it does not follow that the appellant should be given the benefit of doubt despite the clinching evidence on record to establish his guilt and involvement in the commission of offence – Erroneous finding in favour of other co-accused would be of no avail to the appellant whose name and role was clearly mentioned in the FIR as also by the witnesses PW- 6 and PW-9 whose credibility remained unshaken – Appellant gave the first blow with sword, whereafter the other accused followed and repeatedly assaulted deceased – There is direct evidence to establish the role of the appellant in the commission of offence – Acquittal of the co-accused by giving benefit of doubt, by itself can be no ground to discard the otherwise reliable evidence which has remained unshaken – No fault can be found with the impugned judgment affirming the finding of guilt against the appellant alone, amongst the five accused tried together. |
Judge | Hon'ble Mr. Justice A.M. Khanwilkar |
Neutral Citation | 2019 INSC 140 |
Petitioner | Pappi @ Mehboob |
Respondent | State Of Rajasthan |
SCR | [2019] 1 S.C.R. 1083 |
Judgement Date | 2019-02-05 |
Case Number | 497 |
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