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 Dismissed |
Headnote | Penal Code, 1860:ss.3021149, 3071149, 147 and 148 - Accused fired at victims with gun and country made pistols - Resulting in death ยท of four and injuries to one witness - Conviction and sentence of life imprisonment awarded by trial court, affirmed by High Court - Held: There is nothing infirm in the conclusions of trial court and the High Court in placing reliance on the testimony of eye-witnesses - Medical evidence and forensic report corroborating ocular testimony - s. 149 has clear application to the facts of the case - Conviction justified. ss. 141 and 149 - 'Common object' - Connotation of Explained. The appellant in Criminal Appeal No. 76 of 2009, his two sons and three others were prosecuted for commission of offences punishable ulss.147, 148, 3021149 and 307/149 IPC. The prosecution case was that the accused had animosity with the informant as he had helped their rival 'RD' to their loss in a civil litigation, 'RD' sold some land to PW2, the nephew of the informant, this led to further ill will between the parties. On the fateful day at about 6.00 p.m. when the informant, his sons 'N' and 'M' accompanied by PW2 and 'S' were returning from the village of the appellant after attending a 'Bhagwat', all the six accused waylaid them. The appellant fired at them with his gun and the others by country made pistols resulting in injuries to PW-2, death of one of the victims at the spot and another on his way to hospital, the third one died in the hospital the following day and the fourth one four days after the incident. The medical evidence and the forensic report corroborated the ocular testimony. The trial court acquitted one of the accused and convicted five of them of the offences charged, and sentenced all of them, inter alia, to imprisonment for life. The High Court having affirmed the conviction and sentence, the accused filed the appeals. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2009 INSC 36 |
Petitioner | Raj Nath |
Respondent | State Of U.p. |
SCR | [2009] 1 S.C.R. 336 |
Judgement Date | 2009-01-16 |
Case Number | 76 |
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