Penal Code, 1860 – s.302 – Murder – Benefit of doubt – Altercation between the parties over a land dispute – Few hours later, the appellants armed with swords and sharp edged weapon inflicted blows upon the son of the complainant resulting in his death – Acquittal by the trial court, however, conviction of the appellants-father, son and son-in-law u/s.302 with life imprisonment and fine by the High Court – Correctness:
Held: Statement of the appellants that the weapons recovered were the weapons of crime cannot be read against them in view of ss.25 and 26 rw s.27 of the 1872 Act – Only that part of the statement which leads the police to the recovery of the weapons is admissible, and not the part which alleges that the weapons recovered were actually the weapons of crime – Ocular evidence of prosecution witnesses, if read together, not sufficient to identify the appellants as the persons who attacked and assaulted the deceased resulting in his death – Their presence at the scene of crime becomes doubtful – Information leading to the recovery of the weapons of crime is admissible, but not the information that the crime was actually committed by the said weapons – Identity of the appellants as the persons involved in the offence not established either by any ocular evidence or from the recovery of the weapons of crime – Order of acquittal passed by the trial court not open to interference by the first appellate court until and unless the findings recorded by the trial court were per se perverse or erroneous – It is safer and more appropriate to rely upon the findings of the trial court which has seen the demeanor of the witnesses rather than to rely upon the findings of the first appellate court – High Court erred in reversing the finding of the trial court without coming to the conclusion that the findings of the trial court were perverse – High Court manifestly erred in interfering with the findings of acquittal recorded by the trial court and reversing the judgment so as to convict the appellants – Doubtful whether the offence has been committed by the appellants – Conviction of the appellants set aside – Appellants acquitted of the alleged offence by granting them the benefit of doubt – Evidence Act, 1872 – ss.25 and 26 rw s.27. [Paras 33-36]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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