DAYAL DAS versus STATE OF RAJASTHAN

DAYAL DAS versus STATE OF RAJASTHAN

Because PW-12's original statement did not state that the deceased purchased illicit liquor from the appellant's shop, and other eyewitnesses turned hostile and the consumed liquor was not chemically examined, the prosecution failed to connect the accused to the crime; the convictions could not be sustained and were set aside.

Parties
Appellant: Dayal Das; Respondent: State of Rajasthan
Jurisdiction
India
Judgment Date
22 February 2011
Procedural Posture
Criminal Appeal / Appeal to the Supreme Court; Judgment
Outcome
Appeal allowed; judgments of the Trial Court and High Court set aside; appellant acquitted and directed to be released.
Legal Topics
Sections 304 Part II and 328 IPC, Section 54 a Rajasthan Excise Act, Conviction and Acquittal, Hostile Witnesses, Parcha Bayan, Chemical Examination of Liquor
Indian Penal Code, 1860 Rajasthan Excise Act Criminal Law Evidence Sections 304 Part II and 328 IPC Section 54 a Rajasthan Excise Act Conviction and Acquittal Hostile Witnesses +2 more

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Parties

Dayal Das

Appellant

State of Rajasthan

Respondent

Procedural Posture

Criminal Appeal / Appeal to the Supreme Court; Judgment

Legal Issues

  1. 1 Whether the evidence connected the accused to the crime by proving that the deceased purchased illicit liquor from the accused's shop
  2. 2 Whether the original statement (Parcha Bayan) of PW-12 contained the material that the deceased had purchased illicit liquor from the accused's shop
  3. 3 Reliability of prosecution evidence given hostile witnesses and lack of chemical examination

Ratio Decidendi

Because PW-12's original statement did not state that the deceased purchased illicit liquor from the appellant's shop, and other eyewitnesses turned hostile and the consumed liquor was not chemically examined, the prosecution failed to connect the accused to the crime; the convictions could not be sustained and were set aside.

Court Disposition

Appeal allowed; judgments of the Trial Court and High Court set aside; appellant acquitted and directed to be released.

Orders

  • Judgment and order of the High Court dated 25.05.2006 in S.B. Crl. Appeal No.356 of 1984 set aside
  • Judgment of the Additional Sessions Judge, Ajmer in Sessions Case No.3/1980 set aside