Mano Dutt Vs. State of U.P.
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Criminal Laws - Self Defence
Self defence - Injuries suffered by accused - Normal rule is that prosecution should explain the injuries, but mere fact that the injuries on the person of the accused are not explained by the persecution cannot, by itself, be a sole basis to reject the testimony of the prosecution witnesses and consequently, the whole case of the prosecution.
Indian Penal Code,1860 - Section 302 , Section 34
Common intention - Unlawful assembly - Accused and deceased parties quarrelled over a petty matter at spur of moment - Accused went away, but again returned duly armed with lathies - They raised lalkar and inflicted number of injuries on deceased - It showed that accused had returned to the place of occurrence with complete preparedness and after giving lalkar and attacked the deceased there, they have to be held liable for commission of the crime - Accused convicted under Section 302 Indian Penal Code read with Section 34 - Contention that offence would fall under 304 Part I Indian Penal Code as offence was committed at spur of moment contention not tenable - The accused have committed the offence with common intention and inflicted injuries upon the deceased in a pre-planned manner, the provisions of Section 34 would be applicable to all. AIR 1961 Supreme Court 1787, relied.
Indian Penal Code,1860 - Section 302
Criminal Trial - Trial of murder case - Relation witnesses - Only family members of deceased examined - Not fatal - Held -(i) More often than not, in such cases involving family members of both sides, it is a member of the family or a friend who comes to rescue the injured - Those alone are the people who take the risk of sustaining injuries by jumping into such a quarrel and trying to defuse the crisis. (ii) When the statement of witnesses, who are parties known to the affected party, is credible, reliable trustworthy, admissible in accordance with the law and corroborated by other witnesses or documentary evidence of the prosecution, there would hardly be any reason for the Court to reject such evidence merely on the ground that the witness was family member or interested witness or person known to the affected party.
The Code of Criminal Procedure, 1973 - Section 190 , Section 204
Complaint lodged with Police, but Police not investigating into the complaint - Complainant is not helpless or remediless in law - He could file an application before the concerned Magistrate in accordance with the provisions of Criminal Procedure Code for directing the police to investigate and even to summon the accused in that complaint.
The Indian Evidence Act, 1872 - Section 134 , Indian Penal Code,1860 - Section 302
Criminal trial of murder case - Investigating Officer not examined - It would not vitiate the trial - It is not always mandatory for the prosecution to examine the Investigating Officer, provided it can establish its case beyond reasonable doubt even in his absence.
The Indian Evidence Act, 1872 - Section 134
Conviction on basis of evidence of sole witness - Relation witness - Criminal trial - Non examination of independent witness is not fatal in every case - The Court can convict an accused on the statement of a sole witness, even if he was a relative of the deceased and thus, an interested party - The condition precedent to such an order is that the statement of such witness should satisfy the legal parameters - It is only when the Courts find that the single eye-witness is a wholly unreliable witness that his testimony is discarded in toto and no amount of corroboration can cure its defect.
The Indian Evidence Act, 1872 - Section 134
Proof of a fact - One who alleges a fact must prove the same.
BENCH :
Advocates For the Appellant(s) :
Topic(s)-Self Defence , Injuries Suffered by Accused , Relation Witness
Important Decision(s)-
- Non examination of independent witness is not fatal in every case.
- The Court can convict an accused on the statement of a sole witness.
- Only family members of deceased examined - Not fatal.
- One who alleges a fact must prove the same.
- Complaint lodged with Police, but Police not investigating into the complaint - Complainant is not helpless or remediless in law - He could file an application before the concerned Magistrate in accordance with the provisions of Criminal Procedure Code for directing the police to investigate and even to summon the accused in that complaint.
- Investigating Officer not examined - It would not vitiate the trial - It is not always mandatory for the prosecution to examine the Investigating Officer.