Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860: s. 302 - Conviction on testimony of sole eye-witness |
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:s. 302 - Conviction on testimony of sole eye-witness - Propriety of - A doctor shot dead by two miscreants - Conviction by Designated Court uls 302, but acquittal in TADA offence - Held: Trial court has placed reliance on the evidence of a witness who has come forward for recording his statement u!s 161 CrPC almost after two years and eight months - The only explanation he has given is that he was threatened by the co-accused - Six years after his statement was recorded, accused was arrested - The plea of threat to keep him silent for almost two years and eight months does not inspire confidence - His testimony is thoroughly and wholly unreliable - Therefore, conviction recorded by Designated Court on his testimony alone without any corroboration is totally unsustainable - Conviction is set aside.Evidence:Non-examination of material witnesses - A doctor shot dead by two miscreants in his clinic - Deceased's daughter, who was eye-witness and wife who was slightly away from scene of occurrence, not examined - Held: Both the wife and the daughter of deceased are the most natural and competent witnesses - They really could have throwrrimmense light on the factual score, but, they have not been examined - In the absence of any explanation, , their non-examination has affected prosecution case - The prosecution has otherwise not been able to establish the case against appellant and, therefore, non-examination of material witnesses cannot be regarded as inconsequential. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2014 INSC 571 |
Petitioner | Deny Bora |
Respondent | State Of Assam |
SCR | [2014] 7 S.C.R. 1111 |
Judgement Date | 2014-08-27 |
Case Number | 679 |
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