Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | ss.307 & 324 lack of consistency in the deposition injuries inflicted were on ‘unimportant parts |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Penal Code, 1860 – ss.307 & 324 – Complainant case wast hat he and his brothers were attacked by accused/respondent No.1,accused/respondent no.2 and an unidentified person – Complainant alleged that accused/respondent No.1 stabbed him several times with a knife – Trial court convicted the accused/respondent no.1 u/s.307 IPC and accused/respondent No.2 was convicted u/s. 307r/w. 34 IPC – High Court converted the conviction of the accused/respondent no.1 from s.307 IPC to s.324 IPC and accused/respondent No.2 was acquitted – On appeal, held: In instant case,a perusal of facts and the record clearly indicate that the prosecution has proved beyond reasonable doubt that accused/respondent No.1had inflicted four injuries on the complainant by using a knife –The multiple blows inflicted would prove the intention of causing bodily injury likely to cause death of the victim – Stabbing a person with a knife, near his vital organs would in most circumstances lead to the death of the victim, thereby falling squarely within the meaning of s.307 IPC – The findings of the High Court that injuries inflicted were on ‘unimportant parts’ of the complainant’s body was erroneous– Thus, judgment of the High Court qua accused/respondent No.1set aside – Insofar, accused/respondent No.2 is concerned, the High Court was right that there was lack of consistency in the deposition of the prosecution witnesses with respect to the role of the accused/respondent No.2 – Thus, Judgment of High Court qua respondent No.2 confirmed. |
Judge | Hon'ble Ms. Justice Indu Malhotra |
Neutral Citation | 2019 INSC 224 |
Petitioner | State Of Madhya Pradesh |
Respondent | Harjeet Singh & Anr. |
SCR | [2019] 4 S.C.R. 564 |
Judgement Date | 2019-02-19 |
Case Number | 1190 |
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