AIR 2007 SUPREME COURT 2973

Supreme Court Of India

(From : Madhya Pradesh)

Hon'ble Judge(s): C. K. Thakker, D. K. Jain , JJ

(A) Penal Code (45 of 1860) , S.300— Murder - Circumstantial evidence - Accused persons allegedly killed deceased by calling him at residence of one of accused persons - Evidence of independent witness that he saw deceased at residence of assused - Motive, rejection of marriage proposal with his son - Medical evidence also proved injuries on dead body - Dead body of deceased found in house of accused - No explanation given by accused - Allegation that accused served liquor to deceased - Proved by seizure of empty bottles at spot and medical report - Conviction of accused, proper. (Para 12 13) (B) Constitution of India , Art.134— Expunction of adverse remarks - Remarks against prosecution witness - Murder case - Court, disbelieving that witness had seen incident - Observation that witness had 'falsely concocted facts' - In facts and in the circumstances of the case, were ill-founded, unnecessary and uncalled for - Remarks deleted from record. (Para 14) .....