Constitution of India, 1950
Article 136—Extraordinary jurisdiction—Exercise of—When the judgment under appeal has resulted in grave miscarriage of justice by some misapprehension or misreading of evidence or by ignoring material evidence then the Apex Court is not only empowered but it is well expected to interfere to promote the cause of justice.
[Paras 15 & 16]
Indian Penal Code, 1860
Section 302—Murder—Conviction—Appreciation of evidence—Prosecution has discharged its duties in proving the guilt of appellant for the offence under Section 302 IPC beyond reasonable doubt—Ample ocular evidence corroborated by medical evidence—Mere non-recovery of weapon from appellant would not materially affect the case of prosecution—If the testimony of an eye-witness is otherwise found trustworthy and reliable, the same cannot be disbelieved and rejected merely because certain insignificant, normal or natural contradictions have appeared into his testimony—Deceased has been attacked by appellant in broad daylight and there is direct evidence available to prove the same and motive behind the attack is also apparent considering there was previous enmity between appellant and son of deceased—Conviction upheld.
[Para 24 & 25]
Decision : Appeal dismissed