STATE OF HARYANA versus CHANDVIR AND ORS.
It is highly unsafe to rely on the evidence of the prosecution witnesses to convict accused 1 and 2 for murder, as the witnesses' versions were inconsistent, some witnesses gave false evidence, and the possibility of others having fatally assaulted the deceased could not be excluded; thus, the High Court's order of acquittal is affirmed.
- Parties
- Appellant: State of Haryana; Respondents: Chandvir and Ors.
- Jurisdiction
- India
- Judgment Date
- 17 April 1996
- Procedural Posture
- Criminal Appeal / Appeal by Special Leave From Acquittal by High Court
- Outcome
- Appeal dismissed; acquittal of accused confirmed.
- Legal Topics
- Murder, Benefit of Doubt, Common Intention, Common Object, Free Fight, Falsus in Uno Falsus in Omnibus
Case Brief
Summary, issues, holding and outcome
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Parties
State of Haryana
Appellant
Chandvir and Ors.
Respondents
Procedural Posture
Criminal Appeal / Appeal by Special Leave From Acquittal by High Court
Legal Issues
- 1 Whether the conviction of accused 1 and 2 (Al and A2) for murder under Section 302 r/w Section 32 IPC could be sustained based on the available evidence.
- 2 Whether Section 149 IPC and/or Section 32 IPC could be applied in the circumstances of the case.
Ratio Decidendi
It is highly unsafe to rely on the evidence of the prosecution witnesses to convict accused 1 and 2 for murder, as the witnesses' versions were inconsistent, some witnesses gave false evidence, and the possibility of others having fatally assaulted the deceased could not be excluded; thus, the High Court's order of acquittal is affirmed.
Court Disposition
Appeal dismissed; acquittal of accused confirmed.
Orders
- Appeal dismissed.
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