Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Murder Penal Code |
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. 3021342 read with s. 34 - Murder and wrongful confinement - Accused persons wrongfully confined deceased and beat him resulting in fatal injuries - Conviction under, of accused persons except one - High Cqurt upheld conviction of A-1, A-2, A-3 and A-4, however, acquitted A-5 and A-7 - Interference with - Held: Not called for- Evidence of prosecution witnesses was satisfactory and reliable - Even though they were related to deceased, their • evidence could not be discarded - Opinion of doctor that injuries were sufficient to cause death in ordinary course of "'' nature - There was motive for accused to commit murder of deceased - There was no reliable and clinching evidence against A-5, A-6 and A-7 - All other accused constructively liable uls. 302 rlw. s. 34 though fatal injury was inflicted by A1 only, as other accused participated in giving beatings to deceased. Prosecution case was that on the fateful day the accused persons murdered D. They wrongfully confined D in the house of appellant-A-1. A-1, A-2, A-3, A-4, A-5, A7 and A-6 tied the hands and legs of D with a rope and inserted a wooden stick in the anus of D resulting in fatal injuries. PW-9-jeep driver had informed PW-10-brother of D's grand father that accused persons had confined D. PW-1 father of D, PW-11-grandfather of D and PW-10 rushed to the house of A-1. They all heard the shrieks of D and witnessed the incident in the electric bulb light. It was within their sight. When PW-1, PW-11 and PW-10 raised an alarm appellants fled away and took stick and piece of rope with them. Motive behind the alleged occurrence was that a year ago, A-1 had registered a case against D u/s. 376 IPC in which D was acquitted. FIR was registered. Investigation was carried out. Post mortem examination of body of D was carried out. The doctor-PW-8 opined that stick could cause fatal injury to .,_ the deceased. Witnesses were examined. A-1, A-2, A-3, and A-4 were arrested. On their disclosure statement the stick and the rope were recovered. Trial court held A-1, A-2, A- 3, A-4, A-5 and A-7 guilty of the charges and convicted and sentenced them u/s. 302/342 read with s. 34 IPC, however, acquitted A-6. High Court dismissed the appeals of A-1, A-2, A-3 and A-4, however, allowed the appeals of A-5 and A-7 and acquitted them. Hence the present ~ appeals. |
Judge | Hon'ble Mr. Justice Lokeshwar Singh Panta |
Neutral Citation | 2009 INSC 11 |
Petitioner | Rajender Singh & Anr. |
Respondent | State Of Haryana |
SCR | [2009] 1 S.C.R. 108 |
Judgement Date | 2009-01-09 |
Case Number | 1662 |
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