Anees vs State Govt. Of NCT - 2024 Supreme(SC) 409

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(SC) 409

D. Y. CHANDRACHUD, J. B. PARDIWALA, MANOJ MISRA
Anees – Appellant
Versus
State Govt. Of NCT – Respondent

Advocates appeared:
For the Appellant(s) : Mr. Rishi Malhotra, AOR
For the Respondent(s): Mr. K.M. Nataraj, ASG Mr. Mukesh Kumar Maroria, AOR Mr. Apoorv Kurup, Adv. Mr. Sanjay Kumar Tyagi, Adv. Mr. Mani Munjal, Adv. Mr. Vinayak Sharma, Adv. Mr. Raman Yadav, Adv.

JUDGMENT :

J. B. PARDIWALA, J.

For the convenience of exposition, this judgment is divided in the following parts: -

INDEX
A.	CASE OF THE PROSECUTION
B.	SUBMISSIONS ON BEHALF OF THE APPELLANT
C.	SUBMISSIONS ON BEHALF OF THE STATE
D.	ANALYSIS
	i. Principles of law governing the applicability of Section 106 of the
	Evidence Act
	ii. What is “prima facie case” (foundational facts) in the context of Section 106 of the Evidence Act?
	iii. Discovery of weapon under Section 27 of the Evidence Act
	iv. Cross-examination by the public prosecutor of a hostile witness
	v. Whether the appellant is entitled to the benefit of Exception 4 to Section 300 of the IPC?

1. This appeal is at the instance of a convict accused for the offence punishable under Section 302 of the Indian Penal Code, 1860 (for short, “the IPC”) and is directed against the judgment and order dated 23.05.2014 passed by the High Court of Delhi in Criminal Appeal No. 320 of 1998 filed by the appellant herein by which the High Court dismissed the appeal and thereby affirmed the judgment and order of conviction passed by the Additional Sessions Judge, Karkardoom

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2024 Supreme(SC) 409

D. Y. CHANDRACHUD, J. B. PARDIWALA, MANOJ MISRAAnees – AppellantVersusState Govt. Of NCT – Respondent

Cases Referred (29)

D. Y. CHANDRACHUD, J. B. PARDIWALA, MANOJ MISRA
Anees – Appellant
Versus
State Govt. Of NCT – Respondent