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2004 (10) TMI 640 - SC - Indian Laws

Issues:
1. Conviction under Section 302 and Section 302 read with Section 34 of IPC.
2. Witness credibility and reliability.
3. Application of Exception 4 to Section 300 IPC.
4. Review of evidence in appeals against acquittal.

Analysis:

Issue 1: Conviction under Section 302 and Section 302 read with Section 34 of IPC
The judgment involved two interlinked appeals stemming from a judgment of the Allahabad High Court. The accused faced trial for offenses under Section 302 and Section 302 read with Section 34 of the IPC. The High Court altered the sentence imposed on the accused, leading to appeals being filed by both parties. The Supreme Court upheld the conviction of one accused but directed the acquittal of the other based on the evidence presented during the trial.

Issue 2: Witness credibility and reliability
The prosecution relied on eyewitnesses, including PWs 1 and 2, to establish the events leading to the alleged offenses. The defense challenged the reliability of the witnesses, particularly PW-2, labeling him as a chance witness. The High Court scrutinized the evidence and found it to be credible, dismissing the defense's contentions regarding witness reliability. The Supreme Court concurred with the High Court's assessment, emphasizing that the presence of witnesses at the scene of a crime cannot be dismissed merely as chance, especially in a murder trial.

Issue 3: Application of Exception 4 to Section 300 IPC
The judgment delved into the application of Exception 4 to Section 300 IPC, which deals with acts committed in a sudden fight. The Court analyzed the circumstances of the case to determine whether the offense fell under this exception. It was highlighted that for Exception 4 to apply, the act must be without premeditation, in the heat of passion upon a sudden quarrel, without undue advantage taken, and not in a cruel or unusual manner. The Court concluded that Exception 4 did not apply to the facts of the case, emphasizing the absence of elements required for its invocation.

Issue 4: Review of evidence in appeals against acquittal
The judgment discussed the appellate court's authority to review evidence in appeals against acquittal. It underscored the principle that if two views are possible based on the evidence, with one favoring the accused's innocence, the view favorable to the accused should be adopted. The Court highlighted the duty of the appellate court to prevent miscarriage of justice and interfere only when compelling reasons exist. In this case, the Supreme Court upheld the High Court's decision based on its analysis of the evidence and the possible view taken.

In conclusion, the Supreme Court dismissed both appeals, affirming the High Court's judgment regarding the conviction and acquittal of the accused based on a thorough analysis of the evidence and legal principles involved.

 

 

 

 

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