Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Murder Hostile witness |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860- s.302 - Murder-Appellant and two other accused - Deceased was going to his field on cycle - Appellant dashed motor vehicle from behind - Deceased was thrown off from his cycle - He was then tied behind the motor vehicle and dragged for considerable distance - Few days earlier, the accused had quarrelled with the deceased and had threatened him - Conviction of appellant u/s. 304 Part I by trial court - Altered to that u/s.302 by High Court - On appeal, held: Post mortem report showed injuries on vital parts of the deceased's body, the face was crushed and further there were marks of dragging - A quarrel or altercation has its own triviality but it gets magnified when the dashing of the vehicle is proven and the nature of the injuries caused on the deceased is taken note of - That apart, there is evidence that the body was dragged - Intention to cause bodily injury proved - Injuries sufficient in the ordinary course of nature to cause death - No flaw in the analysis made by the High Court for altering the conviction u/s.304 Pert I recorded by the trial Judge to that u/s.302.Evidence - Witness - Hostile witness - Appreciation of. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2013 INSC 213 |
Petitioner | Khachar Dipu @ Dilipbhai Nakubhai |
Respondent | State Of Gujarat |
SCR | [2013] 5 S.C.R. 341 |
Judgement Date | 2013-04-04 |
Case Number | 532-533 |
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