Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Murder Penal Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860 – s. 302 r/w s. 149 – Murder – All the accused including the appellants came to be tried by the Trial Court for the offences u/s. 302 r/w. s. 149 of the IPC for having killed son of the informant-PW-8 – The Trial Court convicted appellants- original accused nos. 2 to 5 for the offences punishable u/s. 302 r/ w. s. 149 of the IPC – The High court confirmed the conviction of the appellants – Before the Supreme Court, the appellants contended that the High Court has not properly appreciated the fact that so far as the evidence/ deposition of PW-8 is concerned, it is full of material contradiction and improvements – Held: PW-8 stated in her statement recorded u/s. 161 Cr. P.C. that he had seen all the accused in the light of the torch – she stated that the accused no. 1 was having axe and other four accused were armed with lathis – She also stated that accused no. 1 gave the axe blow on the neck of the deceased due to the enmity and earlier dispute and other accused were telling to run immediately – However, in her deposition, PW-8 stated that two accused persons caught hold of deceased – She stated in her deposition that there was chimney light in the cattle shed and accused ran away from the nearby agricultural field of sugarcane – Therefore, the deposition of PW-8 is full of material contradictions and improvements so far as original accused nos. 2 to 5 are concerned – No other independent witness, even named by PW-8 supported the case of prosecution – In her deposition, she has not stated anything that the appellants were having lathis – As per the settled proposition of law, the statement recorded u/s 161 Cr. P.C. can be used only to prove the contradictions and/or omissions – Further, according to PW-8, she identified the accused in the light of the torch, however, there is no recovery of torch – In the facts and circumstances of the case, there are material contradictions, omissions and/or improvements so far as the appellants are concerned – Therefore, the benefit of material contradictions, omissions and improvements must go in favour of the appellants – The conviction of the appellants u/s. 302 r/w. s. 149 of the IPC set aside. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2020 INSC 244 |
Petitioner | Parvat Singh & Ors. |
Respondent | State Of Madhya Pradesh |
SCR | [2020] 2 S.C.R. 964 |
Judgement Date | 2020-03-02 |
Case Number | 374 |
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