Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Penal Code, 1860 - ss. 3021149, 148 and 3231149 - Murder of two and injury caused to one - Long standing enemity between accused and complainant party - Eyewitnesses and injured eye-witness to incident - Timely lodging of FIR - Conviction by courts below - On appeal, held: Prosecution case proved - Conviction justified - Ocular evidence not at variance with medical evidence - Availability of independent witnesses in case of family enemity is difficult - However, one of the eye-witnesses was independent witness - Delay in examination of the witnesses was not of much relevance as the delay has been explained - Mentioning of names of the accused not necessary for proving the case Common object also proved. Code of Criminal Procedure 1973 - ss. 320 and 321 - Prosecution u/s. 302 /PC - Out of court settlement between accused and complainant party- Application before Supreme F Court for recording the compromise - Held: Offence u/s. 302 /PC, since not compoundable, compromise cannot be recorded in violation of the statutory provision - Judgment of acquittal cannot be passed on the basis of compromise - Supreme Court Rules, 1966 - 0. 47 rr. 1 and 6. Appellants accused were prosecuted for having caused death of two persons and for causing injury to one. As per prosecution, complainant and accused parties were the two branches of the same family, having long standing enemity. Accused Nos. 1 to 4 when started cutting the ridge of the field of the complainant party to which deceased No. 1 objected. When the accused started abusing deceased No. 1, deceased No. 2 intervened. The accused went away and came back with accused Nos. 5, 6 and 7 and assaulted deceased No.1. Witnesses to this assault were PWs 1, 5 and 6. PWS was also injured. Thereafter, the accused persons proceeded to kill deceased No. 2 and assaulted him. PW4 (wife of deceased No.2) and PW 7 were the witnesses to this assault. Trial court relying on the testimony of the eyewitnesses convicted the accused u/ss. 302/149, 148 and 323/149 IPC. High Court confirmed the conviction. Hence the present appeal. Pursuant to a settlement/compromise arrived at between the complainant and accused parties, one interlocutory application was filed before this Court seeking impleadment of sons of both the deceased, as parties. Another interlocutory application was filed under Order 47 Rules 1 and 6 of Supreme Court Rules for acceptance of the settlement between the parties. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2009 INSC 263 |
Petitioner | Satbir Singh & Ors. |
Respondent | State Of U.p. |
SCR | [2009] 3 S.C.R. 406 |
Judgement Date | 2009-02-25 |
Case Number | 951 |
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