Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860 : s.396 |
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.396 - Oacoity and murder- Conviction by trial court Acquittal by High Court - Held: Evidence on record clearly reveals that accused committed dacoity, killed two persons, and injured two others - High Court erred in discarding evidence of injured eye-witnesses, whose statements were consistent and corroborated by other evidence - It also gravely 0 erred in ignoring dying declarations recorded by Magistrate - Test identification parade was not required as accused were known to witnesses - Judgment of High Court set aside and that of the trial court restored - Dying declaration - Test Identification Parade. The respondents were prosecuted for commission of offence punishable u/s 396 IPC. The prosecution case was that on 1.9.1979 at about 7.45 P.M., the respondents accused along with some others, armed with fire arms and other weapons, entered the house of the complainant with a view to commit dacoity, and started indiscriminate firing as a result of which four persons received fire arm injuries. Two of them succumbed to their injuries in the hospital after having made dying declarations. The accused were also stated to have looted a licensed gun and some other items. The accused were named in the FIR as also in the dying declarations as they were known to the victims and were identified in the moonlight and lantern light, The trial court convicted and sentenced the accused u/s 396 IPC. The High Court having acquitted the accused, the State filed the appeal. |
Judge | Hon'ble Mr. Justice Dalveer Bhandari |
Neutral Citation | 2009 INSC 166 |
Petitioner | State Of U.p. |
Respondent | Sukhpal Singh & Others |
SCR | [2009] 2 S.C.R. 24 |
Judgement Date | 2009-02-12 |
Case Number | 1285-1287 |
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