Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860 – ss.299 and 304 Part-II r/w. s.34 Penal Code |
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 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Case Disposed Off |
Headnote | Conviction under – Propriety of – PW3 & PW4 were travelling in aMaruti Car driven by ‘GS’ – Dispute arose on the right of waybetween the accused persons (A-1 and A-2) and ‘GS’ – Allegedly,A-1 pulled ‘GS’ out of the vehicle and inflicted fist blows whereafter,he died while being taken to hospital – FIR registered u/ss.304/34against A1 and un-named second accused – Trial court acquittedboth the accused – High Court reversed the acquittal – Held: Medicalevidence is absolutely uncertain regarding the cause of death ofthe deceased – The only fact established on evidence is that A-1gave a single fist blow on the head of the deceased – No weaponwas used, nor was there any past enmity between the accused andthe deceased – There is no evidence of any concomitant brain injury– Post-mortem report is silent in this regard – Pathologist’s report isclear about the absence of any pathology in brain, however, henoticed a large number of abnormalities in the condition of theheart of the deceased – Such being the evidence on record,conclusion of High Court that death of deceased was caused bysubdural hemorrhage but not cardiac arrest is not based on anyevidence on record and is a pure conjecture – A-1 cannot be heldto be responsible for causing the death of the deceased – Further,as far as A2 is considered, the FIR mentioned the name of only A1and the second participant in the incident was said to be a “cleanshaven man” and it did not mention that the clean shaven man eitherattacked or inflicted any injury on the body of the deceased – Nomaterial on record to indicate the basis on which the prosecutioncame to the conclusion that A-2 was that clean shaven man –Nothing on record to prove that he attacked the deceased or that heshared a common intention with A-1 to commit the offence of culpablehomicide not amounting to murder– It is not safe to convict A-2 on the basis of the evidence of PWs 3 and 4, recorded some 7 yearsafter the incident – Judgment of High Court insofar as A2 isconcerned, is also set aside – Code of Criminal Procedure, 1973 –ss.173 and 319. |
Judge | Hon'ble Mr. Justice Jasti Chelameswar |
Neutral Citation | 2018 INSC 514 |
Petitioner | Rupinder Singh Sandhu |
Respondent | State Of Punjab & Others |
SCR | [2018] 6 S.C.R. 479 |
Judgement Date | 2018-05-15 |
Case Number | 58 |
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