NDLI: Raju Ambadas Gangekar Vs. The State of Maharashtra

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	s.304 Jurisdiction of Appellate Court Part II Reversal of acquittal IPC Murder
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Indian Penal Code (45 of 1860)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Penal Code, 1860 – s.304, Part II – Murder – Reversal of acquittal – Jurisdiction of Appellate Court – Pursuant to a quarrel,deceased and his colleague were allegedly chased by the accused– Appellant assaulted the deceased with a ‘gupti’ – PW-13, Police Constable was on patrolling duty in the area and was alleged to have seen the appellant assault the deceased with a gupti – Trial court acquitted the accused – High Court, while confirming the acquittal of three of the accused, convicted the appellant u/s.304 Part II, IPC– On appeal held: On the basis of the evidence, there is no doubt in regard to the identity of the appellant as the assailant –Dying declaration has a ring of truth – Deceased specifically deposed to the clothes worn by the assailant – PW-13, who witnessed the incident, corroborated the nature of the apparel worn by the accused/assailant – Clothes recovered from the appellant at the time of his arrest within a few hours of the incident, matched that description – Stains found on the clothes, matched the blood group of the deceased – Identity of the appellant established beyond reasonable doubt – Medical evidence in regard to the nature of the injuries is entirely consistent with the ocular evidence – Appellate court is justified in reversing an order of acquittal where the order of acquittal suffers from perversity and has resulted in a miscarriage of justice – High Court has furnished cogent reasons for coming tothe conclusion that the charge against the appellant was established beyond reasonable doubt – Trial court proceeded purely on the basis of surmises when it observed that it was unlikely that PW-13 had witnessed the incident – Trial court fell into grievous error which was justifiably corrected by the impugned judgment of the High Court.
Judge	Hon'ble Dr. Justice D.Y. Chandrachud
Neutral Citation	2019 INSC 84
Petitioner	Raju Ambadas Gangekar
Respondent	The State Of Maharashtra
SCR	[2019] 3 S.C.R. 1
Judgement Date	2019-01-24
Case Number	1961

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