Case Note & Summary
The Supreme Court heard an appeal against the High Court's judgment affirming the conviction of Anjani Singh for offences under Sections 302, 307, and 504 of Indian Penal Code, 1860. The prosecution alleged that on 20.10.2004, during a village function, the appellant and others attacked multiple persons, resulting in two deaths and several injuries. The Court examined the evidence, including eyewitness testimonies and medical reports, and found material inconsistencies and lack of reliability. It held that the prosecution failed to establish guilt beyond reasonable doubt, leading to the acquittal of the appellant.
Headnote
Criminal Law-- Indian Penal Code, 1860-- Sections 302, 307, 504 and 34-- Murder-- Three accused were tried-- Appellant no.1 and 2 were convicted u/s 302, 307 and 504 of IPC-- Third accused was convicted u/s 302, 307, 504 and 34 of IPC- Appeal before high court filed by convicted accused-- High court confirmed the conviction of Appellant no. 1 and 2 However acquitted third accused -- Aggrieved-- Challenge to conviction before supreme court-- Incident occurred at the time of a drama was being playing during celebration of festival-- Beating to son of PW-1- Murder-- Witnesses other than PW-1 Claimed that lights went off at the time of incident-- Benefit of doubt given to third accused by high court-- Requirement of close scrutiny of testimony of PW-1-- PW-1 was already booked under Goondas Act twice in past-- PW-1 is the only eye witness who supported the case of prosecution-- Inconsistencies in the version of PW-1 with regard to place from where shots were fired-- PW-1 did not specify the role of appellant no.1-- No explanation as to why indiscriminate firing was resorted-- Doubts in the testimony of PW-1 lacking stellar quality-- Country made pistol not recovered from appellant no.1 during investigation-- Magazine recovered from the spot could not be forensically connected with seized rifle-- Except PW-1 no one supported the case of prosecution-- Benefit of doubt extended to appellant- Conviction set aside- Appeal Allowed Para-- 26, 27, 32, 33, 34, 35, 36, 37, 38
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Issue of Consideration: The Issue of consideration was whether the conviction of the appellant under Sections 302, 307, and 504 of Indian Penal Code, 1860 was sustainable based on the evidence presented
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Final Decision
The Supreme Court allowed the appeal, set aside the conviction of Anjani Singh under Sections 302, 307, and 504 of IPC, and acquitted him of all charges
