Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 307 r/w s.14 Penal Code 1860 ss. 302 |
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, 307 r/w s.149- Murder- Commop object- Fight during elections- Two accused held hands orthe deceased Respondent no. 1 fired upon him with a country made pistol - Three persons injured - All seven accused including respondent no. 1 convicted by trial court u/ss. 302, 307 r/w s. 149- High Court affirmed conviction of respondent no. 1 u/s. 302 r/w 149 D but altered his conviction u/s. 307 r/w s. 149 to u/s. 323 r/w s. 149 - Conviction of other accused u/ss. 302 and 307 r/w s. 149 altered to u/s. 323 r/w s. 149 - Justification of - On facts, held: Justified - Prosecution did not establish that remaining accused persons had any knowledge that respondent no. 1 was carrying a country made pistol or that he would go to shoot the deceased - Evidence on record established that the pistol was concealed and was not visible to anyone - Common object of the assembly was not to commit murder and it was the solitary act of respondent no. 1. According to the prosecution, on account of a fight during the Gaon Sabha elections, two accused held the hands of the polling agent of 'R' while respondent no.1 fired upon him with a country made pistol which resulted in his death. Three persons were injured in the incident. All the seven accused including respondent no.1 were convicted by the trial court under ss.302 and 307 both r/w s.149 IPC. On appeal, the High Court affirmed the conviction of respondent no.1 under s.302 r/w 149 IPC but altered his conviction under s.307 r/w s.149 IPC to under s.323 r/w s.149 IPC. As regards the other respondents, their convictions under ss. 302 and 307 r/w s.149 IPC was set aside by the High Court and instead they were convicted under s.323 r/w s.149 IPC. Hence the present appeals. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2009 INSC 144 |
Petitioner | State Of U.p. |
Respondent | Gajadhar Singh And Ors. |
SCR | [2009] 2 S.C.R. 17 |
Judgement Date | 2009-02-11 |
Case Number | 332-333 |
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