Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Unlawful Assembly Murder |
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 - ss. 302, 460, 148, 427 and 342 - Murder - By unlawful assembly with a common object - Conviction - Conversion of death sentence into life imprisonment by High Court - Sustainability - Held: The crime took place because the village Sarpanch suspected that the deceased persons were responsible for killing his son - All accused persons have almost spent thirteen years in custody - Similarly placed persons have been imposed life sentence - Regard being had to the totality of the circumstances, it cannot be said that imprisonment for life was inadequate and the circumstances so grave that it calls for a death sentence - Not a case which can be treated to be a case of extreme culpability and there is no other option but to impose death penalty - No error in the decision of High Court by which it commuted the death sentence to life imprisonment - Sentence I Sentencing. Penal Code, 1860 - ss. 302, 460, 148, 427 and 342 - Murder case - Appeal against conviction of some accused by trial court- Acquittal by High Court - Propriety - Held: On facts, approach of the High Court cannot be said to be totally implausible - It took note of the involvement of number of persons and, after filtering the grain from the chaff and on due consideration of the material on record, extended the benefit of doubt to the accused persons who have been acquitted - Conclusions arrived at by the High Court in recording the acquittal justified.FIR - Delay in lodging - Effect - Held: Mere delay in lodging FIR cannot be regarded by itself as fatal to the case of the prosecution - Whether the delay creates a dent in the prosecution story and ushers in suspicion has to be gathered by scrutinising the explanation offered for the delay in light of the totality of the facts and circumstances - On facts, the explanation offered for delay was not implausible. Witnesses - Related witness - Appreciation - Murder case - Held: In the case at hand, the witnesses lost their father, husband and a relative - The witnesses mentioned about the weapons used, the assault made and the parts of the body where injuries were inflicted - Nothing on record to discard their testimony as untrustworthy. Appeal - Appeal against conviction and appeal against acquittal - Distinction between - Discussed. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2013 INSC 274 |
Petitioner | Kanhaiya Lal & Ors. |
Respondent | State Of Rajasthan |
SCR | [2013] 6 S.C.R. 361 |
Judgement Date | 2013-04-22 |
Case Number | 1108 |
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