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.304 Part I r/w s. 149 - Death caused due to armed assault pursuant to sudden quarrel - Bull belonging to accused causing damage to standing crops on fields of complainant - Exchange of hot words and quarrel between the parties - While the quarrel was continuing, one accused went inside the house and within 2-3 minutes came out with other accused persons armed with various weapons and they all launched assault resulting in death of complainant's father - Conviction of accused-appellants u/s. 302 r/w s. 149 - Propriety of - Held: Not proper - Appropriate - conviction would be under s.304 Part I r/w s.149 - Custodial sentence of 10 years. Prosecution case was that on the day of the incident, the bull belonging to appellant no.1 's father trespassed into the fields of the complainant and started grazing and damaging the standing crops, which led to a quarrel between appellant no.1 and PW1, the complainant's brother. It is alleged that subsequently appellant no.1 went inside his house and came out with the other appellants armed with lathis, knife, bhala and gandasi and they all started assaulting PW1, on which the complainant's father and another brother (PW3) rushed to save him but they were also assaulted. The father of the complainant sustained serious injuries in the incident ,and died instantaneously while PWs1 and 3 sustained grievous injuries. The trial court convicted the appellants under s.302 r/w s.149, s.307 r/w s.149 and s.148 IPC. High Court upheld the conviction. In appeal to this Court, it was contended on behalf of the appellants that the incident took place due to a sudden quarrel and therefore s.302 IPC had no· application. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2009 INSC 19 |
Petitioner | Ramjit And Ors. |
Respondent | State Of U.p. |
SCR | [2009] 1 S.C.R. 184 |
Judgement Date | 2009-01-12 |
Case Number | 40 |
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