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1964 (3) TMI 128 - SC - Indian Laws

Issues:
Conviction under Section 304 of the Indian Penal Code based on prosecution's case, Reconstruction of the incident by the Additional Sessions Judge, Discrepancies in the prosecution witnesses' testimonies, Application of the maxim falsus in uno, falsus in omnibus, Scrutiny of evidence by the court.

Analysis:
The judgment involves an appeal against the conviction of the appellants under Section 304 of the Indian Penal Code based on the prosecution's case. The incident involved a chase and assault leading to the death of the deceased, with multiple accused involved in the attack. The Additional Sessions Judge had reconstructed the incident, disbelieving significant parts of the prosecution's case and evolving a new theory implicating the accused. The High Court upheld this reconstruction, finding the appellants guilty based on the revised narrative. The defense contended that the courts erred in reconstructing a case different from the original prosecution's version.

The judgment delves into the legal principle of falsus in uno, falsus in omnibus, emphasizing the duty of the court to carefully scrutinize evidence and separate truth from embellishments. The court criticized the approach taken by the lower courts in disbelieving substantial portions of the prosecution witnesses' testimonies and constructing a new narrative that led to the conviction of the appellants. The courts were faulted for rejecting key elements of the prosecution's case while accepting other aspects to reach a guilty verdict. Consequently, the Supreme Court set aside the conviction and directed the release of the appellants.

In conclusion, the judgment highlights the importance of maintaining the integrity of the prosecution's case and the need for courts to avoid reconstructing narratives that deviate significantly from the evidence presented. The application of legal principles such as falsus in uno, falsus in omnibus underscores the critical role of the judiciary in ensuring a fair and just legal process.

 

 

 

 

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