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1990 (9) TMI 367 - SC - Indian Laws

Issues:
Appeal against acquittal under Section 302 IPC and Section 302 read with Section 109 IPC - Validity of High Court's judgment - Conflict between prosecution evidence and medical evidence - Credibility of witnesses - Nature of injuries - Dying declaration - Evidence of eye witnesses - Presence of fired cartridge at the scene - Reasons for acquittal.

Analysis:
The case involved an appeal by the State of Haryana against the acquittal of the respondents by the High Court in a murder case. The deceased was shot by the first respondent, resulting in his death. The prosecution relied on eyewitness accounts, medical evidence, and a dying declaration by the deceased. The High Court acquitted the respondents based on several reasons, including discrepancies in the timing of the incident, conflicting medical evidence regarding the injuries, and the credibility of witnesses. The High Court also questioned the authenticity of the dying declaration and highlighted the absence of the fired cartridge in the initial report. The Supreme Court, in its judgment, upheld the High Court's decision, emphasizing the logical conclusion drawn based on the medical evidence and witness testimonies. The Supreme Court found the High Court's reasoning valid and weighty, concluding that there was no compelling reason to overturn the acquittal.

In summary, the Supreme Court dismissed the appeal, affirming the High Court's acquittal of the respondents. The judgment highlighted the importance of considering all evidence, including medical opinions and witness credibility, in criminal cases. The decision underscores the need for coherence and consistency in the prosecution's case to establish guilt beyond a reasonable doubt.

 

 

 

 

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