Penal Code, 1860 — Section 302 r/w Section 34 — Conviction — Plea of alibi

August 26th, 2013

Penal Code, 1860 — Section 302 r/w Section 34 — Conviction — Plea of alibi, Lack of sufficient materials to support, Eye witnesses affirming presence at spot, Effect of — Appellant took a plea that he was not present at the time of the occurrence and that he was attending a wedding in the place of D.W.1 — Held, in the absence of any proof of wedding taken place either by way of production of invitation card or the proof of registration of the marriage of D.W. 1’s daughter with any statutory authority or any other supporting evidence, it will be highly risky to rely upon such a feeble evidence in order to accept the plea of alibi to discharge the appellant from the alleged crime — It will have to be borne in mind that the eyewitnesses to the incident specifically made a mention about the presence of the appellant and the overt act alleged against him in the matter of killing of the deceased — Having regard to the various missing links and lack of sufficient materials to support the version of D.W.1, Trial Court rightly rejected the said defence plea, which was also approved by the High Court — Hence, not inclined to disturb the same.

(Para 22)

Sheo Shankar Singh v. State of Uttar Pradesh[Bench Strength 2], Criminal Appeal No. 1020/2004(02/07/2013), 2013(7) SCALE 785: 2013(9) JT 196: 2013(4) Supreme 556: 2013(6) SLT 205: 2013(3) Crimes 1(SC) [B.S. Chauhan, J.: Fakkir Mohamed Ibrahim Kalifulla, J.]

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