SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2003 Supreme(SC) 633

DORAISWAMY RAJU, ARIJIT PASAYAT
Chittar Lal – Appellant
Versus
State Of Rajasthan – Respondent


Judgement Key Points

Certainly. Based on the provided legal document, here are the key points summarized:

  • The conviction for the offence under Section 302 of the Indian Penal Code (IPC) was upheld despite the fact that the sole eyewitness, PW 3, was not named in the FIR, and other eyewitnesses turned hostile (!) (!) .

  • The evidence of PW 3 was deemed credible and reliable after thorough credibility assessment, and his testimony was sufficient to sustain the conviction (!) (!) .

  • The incident involved the appellant giving a knife blow that resulted in the immediate death of the deceased, witnessed by multiple witnesses, with PW 3 providing the crucial testimony (!) .

  • The appellant’s argument that reliance on PW 3’s testimony was unjustified due to his not being named in the FIR and doubts about his presence at the scene was rejected, as the court found his evidence to be unscathed upon credibility assessment (!) (!) .

  • The court emphasized that the absence of a witness’s name in the FIR does not necessarily make their testimony inadmissible or unreliable, especially if their evidence withstands credibility testing (!) .

  • The appellate court dismissed the appeal, affirming the conviction and sentence, and highlighted that the testimony of a reliable eye-witness can be sufficient for conviction even if others are hostile or absent from the FIR (!) (!) .

Please let


JUDGMENT

Arijit Pasayat, J.-Conviction for offence punishable under Section 302, Indian Penal Code, 1860 (for short IPC ) made by learned Sessions Judge, Kota, having been confirmed by a Division Bench of the Rajasthan High Court, Jaipur Bench, this appeal has been preferred by the accused.

2. Factual scenario as unfolded during trial is as follows :

On 26.4.1994, septuagenarian Lattor Lal (hereinafter referred to as the deceased ) lost his life at about 7.30 a.m. He was going with his cows in front of one Madan Lal s house. According-appellant Chittar Lal gave him a knife blow resulting in instantaneous death. This incident was witnessed by Dhan Raj (PW 3), Shiv Prakash (PW 5), Nathu Lal (PW 6) and others. Son of the deceased, Heera Lal (PW 1) lodged the report at the police station at about 8.15 a.m. On being told that accused was coming towards the house of Heera Lal (PW 1), his mother closed the door. When he went to the roof, he saw accused who had a knife in his hand was running towards the hospital. He reached the spot and found his father dead. The background motive for the assault was said to be execution of a Will of one house by Moti Lal, father of the accused in favour o









Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top