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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.

Judgement Key Points

Key Points: - The judgment discusses the proper application of Section 106 of the Evidence Act, including how it interacts with the prosecution’s burden and when an accused’s explanation is required or may be inferred against (!) (!) (!) (!) (!) . - It analyzes Exception 4 to Section 300 IPC, detailing four conditions for its applicability in cases of sudden heat of passion and whether undue cruelty or premeditation exists (!) (!) (!) (!) (!) (!) . - It addresses the handling of hostile witnesses, cross-examination by the public prosecutor, and the evidentiary use of prior statements under Section 162 Cr.P.C. and Section 145 of the Evidence Act, including the duty of the court and prosecutor to elicit contradictions and impeach credibility (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) .

What is the standard for applying Section 106 of the Evidence Act in cases relying on circumstantial evidence?

What is the scope and effect of Exception 4 to Section 300 of the IPC in a case of domestic homicide?

What are the proper procedures and responsibilities for cross-examining hostile witnesses and using prior statements under the Evidence Act and Cr.P.C.?


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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