Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Contradictory statements Conviction special report |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) Indian Penal Code (45 of 1860) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | PENAL CODE, 1860 s.302/149 - Victim stated to have been assaulted by a number of accused resulting in his death - Conviction - Held: The evidence establishes that five of the accused assaulted the deceased - One of them died before filing of the appeals - Conviction and sentence of life imprisonment of the remaining four is upheld - As far other accused persons are concerned, there are contradictory statements leading to reasonable doubt with regard to their presence at the place of occurrence and assaulting the deceased - They are accordingly acquitted - Evidence - Contradictory statements of witnesses. CODE OF CRIMINAL PROCEDURE, 1973: s. 157 - Sending of special report to Magistrate - Held: When there is delayed dispatch of FIR, it is necessary on the part of prosecution to give an explanation for delay - However, if court is convinced as to truthfulness of prosecution version and trustworthiness of its witnesses, delay in dispatch of FIR may not be regarded as detrimental to prosecution case- In the case at hand, the evidence cannot be thrown overboard as the version of witnesses deserves credence.The appellants alongwith three others were prosecuted for causing the death of one 'D'. The case of the prosecution was that on 29.9.1995 at about 11 p.m when PWs.5,6,7 and 12 alongwith 'D' were at a shop to purchase medicine for PW.5, all the accused surrounded 'D', attacked him and caused his death. The trial court convicted accused 'M' u/ss.148 and 302 IPC and the remaining accused u/ss.147 and 302 read with s.149 IPC and sentenced all of them to imprisonment for life. On appeal, the High Court acquitted accused 'G' and upheld the conviction and sentence of the other accused. Accused 'Chh' had died during pendency of appeal before High Court and appellant 'B' died after the instant appeals were filed. The appeals were referred to a three Judge Bench which answered the reference*. It was contended for the appellants that the finding of the trial court as accepted by the High court that all the accused had assaulted the deceased was founded absolutely on non-appreciation of the evidence; and that non-compliance of s.157 Cr.P .C. vitiated the trial. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2013 INSC 269 |
Petitioner | Rattiram & Ors. Etc. |
Respondent | State Of M.p. Through Inspector Of Police |
SCR | [2013] 2 S.C.R. 1003 |
Judgement Date | 2013-04-18 |
Case Number | 223 |
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