Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Section 302 r/w section 149 Unlawful assembly 148 IPC |
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.302 r/w ss.149, 148 - Unlawful assembly - Murder - Three deceased - Weapons of offence including lathis, battle axe, sword and rods - Conviction of accused-appellants - Justification - Held: Justified - Ocular evidence of two eye witnesse's (PWs 1 and 3) conclusively prove not only the involvement of accused persons but their actual active role in killing the three persons - Corroboration from medical evidence of three doctors PW12 and 13 and 14 and their respective post-mortem reports (Exs-P-56, 59 and 61) - Accused persons did not listen to the prayer of PWs1 and 3 and with a pre-determined motive killed the deceased persons by beating them due to which two of them died on the spot and one succumbed in the hospital after some time - PWs-1 and 3 elaborately narrated the entire incident by taking the names of every accused whom they knew to be the residents of the same area.Penal Code, 1860 - ss. 141, 142 and 149 - Unlawful assembly - Common object - Circumstances, in which a member of an unlawful assembly can be held to have committed an offence in pursuance of the common object of such assembly of which he is a member - Principles of law discussed.Evidence - Related witness - Appreciation of - Murder case - Plea that since PWs 1 and 3 were in close relation with the deceased persons being wife/mother or daughter/ A sister and that they should not be believed for want of evidence of any independent witness, rejected.Evidence - Evidence of witness - Discrepancies - Appreciation of. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2014 INSC 756 |
Petitioner | Nand Kumar |
Respondent | State Of Chhatiisgarh |
SCR | [2014] 12 S.C.R. 1146 |
Judgement Date | 2014-10-31 |
Case Number | 906 |
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