VidhiSangh

Supreme Court of India · 29/03/2023

BALU SUDAM KHALDE & ANR versus THE STATE OF MAHARASHTRA

[2023] 6 S.C.R. 851 · 2023 INSC 314

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Summary

Two accused were convicted under Section 302 read with Section 34 IPC for killing a man with a sickle and sword in Pune in 2001 after a late-night altercation; the Bombay High Court affirmed. They argued that the informant's presence was doubtful for want of a medical certificate and that at most Exception 4 to Section 300 applied. Dismissing the appeal, the Supreme Court held that the three eyewitnesses were reliable, that suggestions put by defence counsel in cross-examination whose answers incriminate the accused form part of the evidence and bind the accused, though they cannot substitute for the prosecution's burden, that the informant's immediate account to a rickshaw driver was admissible as res gestae, and that nine injuries inflicted with dangerous weapons on an unarmed, helpless victim excluded Exception 4.

Issues

  1. Whether answers given by prosecution witnesses to suggestions put by defence counsel in cross-examination can be relied upon against the accused.
  2. Whether the statement made by the injured informant to a bystander immediately after the assault is admissible as res gestae under Section 6 of the Evidence Act, 1872.
  3. Whether the killing fell within Exception 4 to Section 300 IPC as culpable homicide committed in a sudden fight without undue advantage or cruelty.

Provisions considered

Held

Result

Appeal dismissed; conviction under Section 302 read with Section 34 IPC and life sentence affirmed; bail bonds cancelled and both appellants directed to surrender before the trial court within two weeks to serve the sentence; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2023] 6 S.C.R. 851.