2009 AIR SCW 3700 ::2009 CRI. L. J. 3060 ::2009 (3) AllCriR 3006 ::2010 (1) Cur Cri R97 ::2009 (2) SCC(Cri) 1028 ::2009 (6) SCC 308 ::2009 (7) Scale 708 ::(2009) 3 AllCriLR 563 ::(2009) 4 Mh LJ (Cri) 48 ::(2009) 43 OCR 708 ::AIR 2009 SC (Supp) 1606 ::(2010) 68 AllCriC 400

Supreme Court Of India

(From : 2003 (3) Shim LC 51 (Him Pra))

Hon'ble Judge(s): S. B. Sinha, M. Sharma , JJ

(A) Penal Code (45 of 1860) , S.300— Murder - Accused alleged to have stabbed deceased on chest - Evidence of eye-witnesses reliable and consistent - Oral dying declaration made by deceased naming accused - Weapon of offence recovered from house of accused - Plea of alibi raised by accused - Not tenable as accused had abused deceased just before incident - Acquittal of accused - Improper. 2003 (3) Shim LC 51 (Him Pra), Reversed. (Para 15 16) (B) Penal Code (45 of 1860) , S.300— Murder - Eye-witness - Unnatural conduct - Witness giving priority to giving medical aid to injured deceased - Filing F.I.R. only after deceased died - Conduct of witness consistent with natural human conduct - Evidence of witness cannot be disbelieved. Evidence Act (1 of 1872) , S.3— (Para 12) (C) Penal Code (45 of 1860) , S.300— Murder - Death by stabbing - Absence of blood at place of incident - Incident taking place just outside room - Deceased immediately returning back to room - Witnesses putting him on cot and pressing cotton on wound - Fact that blood stains were not found at place of incident - Immaterial. (Para 1....