2007(1) ACR348 (SC), CLT(2007)Supplement 872, 2007(1)KLT249(SC), 2007(Supp.)OLR872, 2006(13)SCALE600, (2006)13SCC643, [2006]Supp(10) SCR1101

Indian Penal Code, 1860 - Sections 143, 147, 148, 342, 449 and 302/149--Unlawful assembly, rioting and murder--Conviction and death sentence -- Sustainability--Evidence against A-1 is clinching--But not so against other accused-- There may be delay in examination of P.Ws. 3 to 6--Such delay is normally looked down upon--But each case to be considered on its own facts--No reason to disbelieve testimonies of P.Ws. 3 to 6 against A-1--Defective investigation by itself may not lead to conclusion that accused is innocent--Conviction of A-1 upheld--But other accused persons given benefit of doubt and acquitted. Code of Criminal Procedure, 1973--Section 366--Indian Penal Code, 1860--Section 302/149--Murder--Death penalty--Whether sustainable?--Held, “no”--Case not rarest of rare case warranting extreme punishment--Hence, death penalty imposed on A-1 converted into R.I. for life. Evidence Act, 1872--Section 118--Child witness--How to be acted upon.