Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860: c s. 302 rlw s. 34 - Murder PENAL CODE |
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 r/w s. 34 - Murder - FIR registered 11 months after 'Marg' investigation - Accused named in FIR - Conviction of all the three accused-appellants by trial court -- Affirmed by High Court - Held: Out of five witnesses of occurrence, two including an independent witness did not support prosecution D case and they were declared hostile - Two of the remaining witnesses are brothers and uncle of deceased - One of them was not examined in 'Marg' investigation -- Testimonies of the other two are at variance from their statements recorded during 'Marg" investigation - Their testimonies do not inspire E confidence and their conduct belies their version - Evidence on record coupled with infirmities in investigation indicate that prosecution has not been able to bring home the guilt of appellants beyond reasonable doubt - Appellants are entitled to benefit of doubt and, as such, are acquitted.INVESTIGATION: Infirmities [n investigation - Held: In 'Marg' investigation name of culprits not ascertained - A. S. /. who registered 'Marg' intimation, not examined - 'Marg' Intimation Report neither exhibited, nor proved - FIR registered after 11 months and only thereafter during investigation statements of witnesses were recorded who stated to have seen the accused attacking the deceased - 10 who conducted part investigation, did nottestify in trial - Investigation in the case is slip-shod. |
Judge | Hon'ble Mr. Justice Chockalingam Nagappan |
Neutral Citation | 2014 INSC 476 |
Petitioner | Sobaran Singh & Ors. |
Respondent | State Of M.p. |
SCR | [2014] 8 S.C.R. 169 |
Judgement Date | 2014-07-07 |
Case Number | 1466 |
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