Criminal trial - It is by now well settled that the Appellate Court hearing the appeal filed against the judgment and order of acquittal will not overrule or otherwise disturb the Trial Court’s acquittal if the Appellate Court does not find substantial and compelling reasons for doing so -.......................
NAVJOT SIDHU JUDGEMENT
DELIVERED ON 15.5.18 / REPORTED ON 15.5.18
- Related witness
- Planted witness
- Opinion of medical board distinguished
(2018)2 SCeJ 1112
Criminal Trial – Related witnesses - The fact that PWs are related to the deceased is not in dispute - The existence of such relationship by itself does not render the evidence of PWs untrustworthy - This Court has repeatedly held so and also held that the related witnesses are less likely to ......................https://www.plronline.in/index/c/criminal-trial/
Criminal trial -- Corroboration is not required for every fact sought to be proved by the prosecution - If a fact is proved by some credible evidence, to insist upon further corroborating material would only make the enforcement ................. https://www.plronline.in/index/c/criminal-trial/.
Criminal Trial – Planted witnesses - Incident occurred at 12.30 PM - From the facts , it follows at least by 3 p.m. PWs were present and actively associated with the abovementioned events- If they were to be planted as eyewitnesses, it must have happened between 12.30 and 3.00 p.m. - That means in a gap of two and a half hours between 12.30 p.m. to 3.00 p.m., the investigating officer must have identified PWs to be witnesses who would act to the dictation ........................ https://www.plronline.in/index/c/criminal-trial/
Criminal trial - CD - Complainant moved application praying that the content of a CD be received as additional evidence, containing some interview given by the accused to some TV channel - The said CD is said to contain certain statements which would go in the opinion of the de facto complainant to prove the guilt of the accused - For receiving such material on record at this stage, in our opinion, requires the examination of too many questions of law including questions of the interpretation of some of the provisions of the Constitution - ........................https://www.plronline.in/index/c/criminal-trial/
Criminal trial - Death - Medical board - “the head injury in itself could be sufficient to cause death in the ordinary course of nature” - The statements made in (Ex PA) and the evidence of PW1 that the head injury itself could be sufficient to cause the death in the ordinary course of nature are mere ipse dixit - Neither any specific details regarding the volume of the subdural hemorrhage are available on record, nor any medical opinion that the subdural hemorrhage caused the compression of the brain that caused the death - https://www.plronline.in/index/c/criminal-trial/
(i) Criminal trial - A theory of "accused last seen in the company of the deceased" is a strong circumstance against the accused while appreciating the circumstantial evidence - In such cases, unless the accused is able to explain properly the material circumstances appearing against him, he can be held guilty for commission of offence for which he is charged.
(ii) Criminal Procedure Code, Section 313 - The appellant, , failed to explain any circumstances brought out in the evidence and merely denied his involvement in the crime - It was necessary for the appellant to have explained the circumstances appearing against him in the proceedings under Section 313 of the Code.
We find from the evidence eight circumstances appearing against the appellant. These circumstances are: First motive was against the deceased due to his not agreeing to the proposal of marriage of Kumar with his daughter; Second, the appellant and Kumar, both being the cousins, knew each other very well; Third, both went together to the house of the deceased to invite him for a dinner at Kumar’s house; Fourth, all the three had dinner together at Kumar’s house; Fifth, Murugan died immediately after dinner; Sixth, Kumar gave his confessional statement; Seventh, recovery of weapon and cloths at the instance of Kumar; and Eighth, the dead body was found lying near iron cot where Murugan(deceased) had last dinner with Kumar and the appellant
(2018)2 SCeJ 1042