STATE OF HARYANA versus CHANDVIR AND ORS.

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

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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

  1. 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. 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.