Rohtash Kumar V/s State of Haryana

Information Type: Judicial Information
Court: Supreme Court
Date of Judgment(s): 2013-09-25
Case No: 896 of 2011
Case Type: Appeal (Criminal)
Judge Name: B.S.Chauhan & Dipak Misra
Subject: Criminal Law - Life Imprisonment
Statutes / Acts: Indian Penal Code, 1860
Section: s. 302
Bench Strength: Double Bench
Advocate: Sushil Balwada, Pankaj Bhagat (P) & Ramesh Kumar, Manish K. Bishnoi (R)
State of Appellant(s): Haryana
History of Case No: Judgment and Order dated 05.02.2009 of the High Court of Punjab and Haryana at Chandigarh in Crl. Appeal No. 862-DB of 2006
Equal Citation Details :

 2013(3)KLJ210, 2013(3)MLJ(Crl)31, 2013(3)RCR(Criminal)355,, 2013VI AD (S.C.) 580, 2013(3)AJR566, 2013(2)ALD(Cri)806, 2013 (82) ALLCC 401, 2013ALLMR(Cri)2620, 2013CriLJ3183, JT2013(8)SC181

Case Note / Description :

We have examined the aforesaid discrepancies pointed out by the learned counsel. It may be stated herein that some of the issues have been explained by the prosecution, however, no attempt was ever made by the defence to put most of these issues to SI Vinod Kumar (PW.20), the Investigating Officer in his cross-examination. It is evident from his deposition that he had, in fact, answered all the questions that were put to him in the cross-examination. However, it is pertinent to clarify that most of these questions that are being currently raised before us were not put to him. For example, he has explained that nobody from the said market had been ready to become the Panch witness for recovery of the mobile phone from Sonu’s shop at Itarsi, and that even Sonu was not ready to do so. Further, no question had been put to him in the cross-examination regarding the different EMEI number of the said mobile phone. The mobile phone that was recovered, bore the EMEI No. 3534000004033852 (Ex.P-19), though the EMEI number of mobile phone that belonged to Sonia was 3534000004033853. Furthermore, no question had been put as to why the mobile phone, after the recovery, had not been deposited in the Malkhana. In light of such a fact situation, it is not permissible for us to consider such discrepancies. 

 

 
 
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