Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Criminal trial-Murder--Injuries caused by lethal weapons |
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 | Criminal trial - Murder--injuries caused by lethal weapon Duty of prosecution· - Importance of expert evidence-Duty to prove whole case-Evidence to unity on material points -Impropriety of conviction-Proof of alihi -Standard of proof - Supreme Court Criminal appeal - Interference-Practice.In a case where death is due to injuries or woun1ls caused by a lethal weapon, it has always been considered to be the duty of the prosecution to prove by Expert evidence that it was likely or at least possible for the injuries to have been caused with the weapon with which, and in the manner in which, they are alleged to have been caused. Where in a case of murder, the prosecution case was that the accuser] shot the deceased with a gun, but it appeared likely that the injuries on the deceased were inflicted by a rifle and there was no evidence of a duly qualified expert to prove that the injuries were caused by a gun, and the nature of the injuries, was also such that the shots must have been fired by more than one person and not by one person only, and. the prosecution had no evidence to show that another person also shot, and the High Court, though realising that there was thus a gap in the prosecution evidence, convicted the accused placing reliance on the oral evidence of 3 witnesses which was not disinterested: |
Judge | Hon'ble Mr. Justice Sir Saiyid Fazl Ali |
Neutral Citation | 1950 INSC 26 |
Petitioner | Mohinder Singh |
Respondent | The State |
SCR | [1950] 1 S.C.R. 821 |
Judgement Date | 1950-10-17 |
Case Number | 10 |
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