A. Shankar V/s State of Karnataka

Information Type: Judicial Information
Court: Supreme Court
Date of Judgment(s): 2011-06-09
Case No: 1006 of 2007
Case Type: SLP (Criminal)
Judge Name: B.S.Chauhan & Swanter Kumar
Subject: Criminal Law
Statutes / Acts: Indian Penal Code
Section: Sections 302 and 307 of Indian Penal Code
Bench Strength: Double Bench
Advocate: Sanjay Mishra & Rashmi Nandakumar
State of Appellant(s): Karnataka
Case Note / Description :

Criminal - Conviction - Sections 302 and 307 of Indian Penal Code, 1860 High Court reversed judgment and order passed by Trial Court acquitting Appellant of charge of Murder Whether, High Court had rightly convicted Accused?

Held, High Court did not deal with contradictions as to evidence of witnesses, medical evidence and ocular evidence, identity of Accused, FSL report and recovery of weapon. Contradiction in statement of PW.8 in Court as compared with his statement before police demolished aspect of motive. There was delay in lodging FIR and it was not explained. Non-production of FSL report in Court by prosecution was fatal as in absence thereof, it was difficult for Court to reach to conclusion as to whether offence was committed with M.O. Investigation was not conducted fairly. High Court committed an error in recording the finding of fact that prosecution succeeded in proving case beyond reasonable doubt. High Court failed to meet grounds pointed out by Trial Court discarding case of prosecution. Thus, findings of fact recorded by High Court remained perverse and was set aside. Judgment and order of Trial Court was restored. Appeal allowed.

 
 
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