Ram Niwas V/s State of Haryana

Information Type: Judicial Information
Court: Supreme Court
Date of Judgment(s): 2010-07-28
Case No: 115 of 2007
Case Type: Appeal (Criminal)
Judge Name: Harjit Singh Bedi & C.K. Prasad
Subject: Criminal Law - regorous imprisonment
Statutes / Acts: Indian Penal Code, 1860
Section: 302 and 307
Bench Strength: Double Bench
State of Appellant(s): Haryana
History of Case No: judgment of the Punjab and Haryana High Court dated 18th January 2006 whereby the appellant’s appeal has been dismissed.
Equal Citation Details :

2010 (3) UC1427, 2011(1) ACR271(SC), JT 2010 (7) SC 429, 2010 (7) SCALE 319, (2010)12SCC 250, (2011) 1 SCC(Cri) 333, 2010 (9) SCR112

Case Note / Description :

It is true, as contended, that the relations between the two parties were extremely strained on account of the murder of Prem. While this fact could, undoubtedly, be a reason for false implication of the accused, but on the contrary, it could also be a motive for the commission of 6Crl. Appeal No.115 of 2007 the crime. However, in the light of the fact that the FIR had been recorded within a reasonable time of the incident and the medical evidence fully supports the ocular version, and additionally, the trial court has given the benefit of doubt to some of the accused, as they had no active role to play, the possibility of false implication has also been examined and dealt with. The courts below have, in our opinion, rightly assessed the evidence and being cognizant of the strained relations between the parties and the possibility of false implication, have accordingly given the benefit of doubt to two of the accused. No interference is thus called for by us in this appeal. It is accordingly dismissed.

Indian Penal Code, 1860

 
 
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