Criminal Law
Mode of Citation- ILC-2018-SC-CRL-....
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Criminal Law
Mode of Citation- ILC-2018-SC-CRL-....
Judgement Subject Index/Important Decision/Topic

ILC-2010-SC-CRL-Mar-4

JAVED MASOOD AND ANOTHER Vs. STATE OF RAJASTHAN

Head Note

Indian Penal Code,1860  - Section 147 , Section 201 , Section 302 , Section 323 , Section 324

Conviction - Trial Court convicting for the offences punishable u/ss. 148, 201 and 302, IPC - HC, confirmed conviction u/s. 302, IPC but set aside the conviction u/s. 201 and 148, IPC - Entire prosecution case rests upon the Parcha Bayan lodged by PW-5 (brother of deceased) - PWs 6, 18, 29 and 30 specifically stating that PW-5 was not present at the place of occurrence - Prosecution never declared PWs 6,18, 29 and 30 'hostile' - Evidence of PW-6 completely rules out the presence of PW-5 at the scene of offence - PW-5 being interested witness attempting to implicate the appellant in the case due to previous enmity - No reliance can be placed on the evidence of PW-5 - Conviction and sentence set aside - Appeal allowed.

Topic(s)-Conviction







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