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:s.302134- Eight accused convicted by trial court u/s 3021 149 - Conviction of three of them converted by High Court to s.302134 - Remaining acquitted - Appeal by one of the convicts contending that in the circumstances, he was also ~ entitled to acquittal on benefit of doubt at par with those acquitted - HELD: Prosecution case against appellant and two other accused is fully established - They caused fatal knife injuries to victim - Appellant is constructively liable u/s 302134. The appellant (A-4) alongwith seven others was prosecuted for commission of offences punishable u/ss 147, 148 and 3021149 IPC. The prosecution case was that the complainant (PW-1) and accused 2 to 6, were collaterals. There was enmity between the two sides. PW- 1 and his father were facing a trial for murder of the son of A-5. Another criminal case was pending against PW-1 and his father. On the day of incident when they were returning from the Court of Magistrate, father of PW-1 was attacked by the accused. A-4 to A-6 inflicted fatal knife injuries to him. PW-2, PW-4 and some others, hearing the shouts of PW-1, reached the scene of occurrence. The / trial court convicted all the accused, inter alia, u/s 3021149 IPC and sentenced them to life imprisonment. During pendency of the appeal filed by the accused, A-1 died. The High Court converted conviction of A-4 to A-6 to s.302/34 IPC, and acquitted the remaining accused of all the charges. In the appeal filed by A-4, it was contended for the appellant that the accused were falsely implicated by PW1 due to enmity and, in any event, the evidence against the appellant was a verbatim version of the prosecution case on which the other accused were acquitted and, as such, the appellant could not have been treated differently. |
Judge | Hon'ble Mr. Justice Lokeshwar Singh Panta |
Neutral Citation | 2009 INSC 49 |
Petitioner | Satvir |
Respondent | State Of Uttar Pradesh |
SCR | [2009] 1 S.C.R. 431 |
Judgement Date | 2009-01-21 |
Case Number | 551 |
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