Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal code, 1860: s. 302 - Accused hit deceased with a 'tr stone on left side of his head and as a result deceased dropped dead and slipped down the hill - Trial Court convicted accused under s. 302 - High Court ordered acquittal giving finding that before the stone hit, he had slipped and rolled down - Held: The finding of High Court is based on surmises and conjectures - Evidence was that death was due to head injury and not due to fall - Order of trial court restored. Prosecution case was that respondent-accused and co-accused were drunk and came to the business premises of the deceased and asked for eatables. When deceased objected, they quarreled with him and slapped him and started throwing goods at his business premises. The deceased went to the house of PW-5 and brother of co-accused to inform about the incident who came there and requested them not to create such mischief. However, accused persons asked them to get lost. The deceased then went to the house of PW-1 and informed him and PW-2, PW-3 and PW-6, present in the house about the incident. They inquired from accused about their conduct, where after accused stepped out of business premises of deceased and hit a stone on the ~ left side of his head. As a consequence, deceased dropped dead at the site and rolled down the hill side A upto a distance of 50 feet. The accused persons thereafter pelted stones on the other persons present there, thereby causing hurt to them. The post mortem of the dead body of the deceased was conducted and the report stated that deceased died due to injuries to brain caused by head injury. The trial court convicted the accused persons under s.302 IPC and ordered acquittal under ss. 452, 427 and 323 IPC. High Court affirmed the order of acquittal as done by trial court and also directed acquittal under s.302 IPC. Hence the present appeal. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2009 INSC 15 |
Petitioner | State Of H.p. |
Respondent | Ram Krishan |
SCR | [2009] 1 S.C.R. 132 |
Judgement Date | 2009-01-12 |
Case Number | 553 |
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