Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860- s. 304 Part II read with s. 34 - Land dispute between parties- Both ocular and documentary evidence proved that motive did exist prior to commission of the crime Penal Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Penal Code, 1860- s. 304 Part II read with s. 34 - Landdispute between parties - On the fateful day, appellant andhis brother caught hold of PW3 and when PW 3's uncle triedto intervene, appellant inflicted injuries to uncle, who latersuccumbed to it- Conviction and sentence of both appellantand his brother u/s. 304 Part II rw s. 34 - However, High Courtupheld conviction of the appellant, while acquitted his brotherĀ·- On appeal, held: Evidence proved the appellant guilty forcommitting the offence - He was aggressor and had hit thedeceased - Both ocular and documentary evidence provedthat motive did exist prior to commission of the crime -Material evidence duly proved by the eyewitnesses couldnot be ignored - However, such was not the case of co-accused and thus, he was given the benefit of doubt- Havingregard to the nature of injury caused by the appellant to thedeceased and the manner in which it was caused and takinginto account the cause of death-shock and hemorrhage, thecourts below justified in bringing the case u/s. 304 Part II -Also the punishment of five years appears to be just andproper - Thus, conviction and sentence awarded to theappellant by the courts below upheld. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2015 INSC 439 |
Petitioner | Jagtar Singh |
Respondent | State Of Haryana |
SCR | [2015] 7 S.C.R. 1013 |
Judgement Date | 2015-06-19 |
Case Number | 86 |
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