Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860: s. 302 rlw s. 149 - Fatal attack - Nine accused Penal Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860: s. 302 rlw s. 149 - Fatal attack - Nine accused -Conviction of A-1, A-3, A-7 and acquittal of rest of C ยท accused - Conviction challenged on the ground that PW-6, the father of the victim-deceased was not present at the spot and thus was not an eye-witness; that there was delay in lodging FIR which drew cloud of suspicion on the prosecution version - Held: Every person who witnesses a murder reacts o in his own way - The sequence of events clearly showed that PW-6 was taking all steps to save life of his son - Thus evidence of PW-6 cannot be disbelieved simply because he did not react in a particular manner - Delay in lodging FIR was satisfactorily explained - PWs 6 and 7 spoke in one voice E against A-1, A-3 and A-7 - Their evidence was also corroborated by the medical evidence which strengthened the prosecution case - Based on their confessional statements of the disclosure, crime weapons were recovered - Concurrent findings of fact recorded by courts below qua A-1, A-3 and A- F 7 were based on evidence and, therefore, the judgment of the High Court is not to be disturbed in exercise of discretion under Article 136 of the Constitution - Evaluation of the evidence by High Court while recording an order of acquittal, also did not suffer from any infirmity - No interference with the order of acquittal of A-4, A-6 and A-8 called for. 'Witness: Behaviour/reaction of witnesses - Held: Behaviour of the witnesses or their reactions differ from situation to situation and individual to individual - Expectation of uniformity in the reaction of witnesses would be unrealistic and no hard and fast rule can be laid down as to the uniformity of the human reaction. Appeal against acquittal - Scope of interference - Discussed. |
Judge | Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2014 INSC 634 |
Petitioner | Dilawar Singh & Ors. |
Respondent | State Of Haryana |
SCR | [2014] 7 S.C.R. 844 |
Judgement Date | 2014-09-16 |
Case Number | 1362 |
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