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HIMACHAL PRADESH ADMINISTRATION vs. SHRI OM PRAKASH

SCR Citation: [1972] 2 S.C.R. 765
Year/Volume: 1972/ Volume 2
Date of Judgment: 07 December 1971
Petitioner: HIMACHAL PRADESH ADMINISTRATION
Disposal Nature: Appeal Allowed
Neutral Citation: 1971 INSC 340
Judgment Delivered by: Hon'ble Mr. Justice P. Jaganmohan Reddy
Respondent: SHRI OM PRAKASH
Case Type: CRIMINAL APPEAL /67/1969
Order/Judgment: Judgment
1. Headnote

Constitution of India, 1950, Art. 136-Criminal appeal against acquittal-Scope of interference by Supreme Court.

Criminal trial-Circumstantial evidence-Approach by Court.

Evidence Act (1 of 1872), s. 27-Weight of evidence re: recovery- Panch witnesses-If should be different for each recovery.

Criminal Procedure Code (Act 5 of 1898). s. 510-Admissibility and weight of report of finger print expert.

The accused was charged with murder by stabbing, and the evidence against him was circumstantial. It consisted of: (a) evidence of ill-will against the deceased furnishing a motive (b) evidence that he was last seen in the company of the deceased, (c) evidence furnished by finger prints, that he was present in the room of the deceased at or about the time of the murder, (d) evidence that he was subsequently found in possession of articles which had incriminating blood strains, and (e) evidence that he had hidden a dagger with bloodstains thereon, and certain other articles, which were discovered on information furnished by him.

The trial court convicted him but the High Court set aside the conviction on the ground that the witnesses were not independent or impartial.

2. Case referred
3. Act
  • Constitution Of India
  • Indian Evidence Act, 1872 (1 of 1872)
  • Code Of Criminal Procedure, 1898 (5 of 1898)
4. Keyword
  • Constitution of India
  • 1950
  • Art. 136-Criminal appeal against acquittal-Scope of interference by Supreme Court
5. Equivalent citation
    Citation(s) 1972 AIR 975 = 1972 (1) SCC 249 = 1972 (1) Suppl. SCC 249 =