Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | serious injuries Death |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Penal Code, 1860 - s.304 Part I - Number of persons forced out of their houses - Assaulted with various weapons - Death of one person and serious injuries to three others (PWs 1, 2 and 4) - Conviction of accused-appellants u/s.302 - Justification - Held: PWs 1 to 6 subjected to lengthy cross- examination, but nothing significant to discredit their evidence - Mere fact that some witnesses were interested witnesses, not a ground to discard their evidence, when evidence taken. as a whole supported the case of the prosecution -:- PW1, PW2, PW4 sustained serious injuries, and their evidence was believed by the court - Prosecution succeeded in proving the place of occurence, the time of occurrence as well as the manner of assault made on injured persons who were all examined by the Court and their evidence fully corroborated the prosecution case - Prosecution successfully proved that it was the appellants and others who had committed the crime - Several injuries were caused by the appellants on the vital parts of the deceased and the injured persons, with dangerous weapons and the injuries were sufficient, as certified by the doctor, in the ordinary course of nature to cause death - Appellants caused the injuries with deadly weapons, therefore, intention can be presumed regarding causing injuries likely to cause death, which falls u/s.304 Part I - Conviction therefore converted to that u/s.304 Part I with RI of 10 years and fine of Rs.5,000/-each - 50% of the money recovered as fine to be paid to wife of the deceased as compensation. |
Judge | Hon'ble Mr. Justice K.S. Panicker Radhakrishnan |
Neutral Citation | 2013 INSC 307 |
Petitioner | Md. Ishaque And Others |
Respondent | State Of West Bengal And Others |
SCR | [2013] 5 S.C.R. 518 |
Judgement Date | 2013-05-03 |
Case Number | 1421 |
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