Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860-ss. 143 C 436 and 506 read withs. 149- Murder- Previous enmity- Ill will between the parties growing for quite some time before the occurrence - Prosecution case that on the date of occurrence the deceased marched to Penal Code his son and their men assaulted 'A' -Accused persons (28 in number) infuriated by the said D act 148 302 147 114 342 |
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. 143, 147, 148, 342, 114, 302, 436 and 506 read with s. 149- Murder- Previous enmity- Ill will between the parties growing for quite some time before the occurrence - Prosecution case that on the date of occurrence the deceased, his son and their men assaulted'A' -Accused persons (28 in number) infuriated by the said act, marched towards the house of the deceased with weapons - In order to escape from the onslaught, the deceased and others got inside the deceased's house and bolted it from inside - Accused persons bolted the house of the deceased from outside and set it on fire - As a result all those inside the house, charred to death - Appellant and others proceeded against for the offences punishable u/s s.143, 147, 148, 342, 114, 302, 436 and 506 read with 149-Acquittal by trial court however, conviction and sentence by High Court for offences u/s s. 148, 302, 506, 342 and 436 r/w s. 149 - On appeal, held: Plea of A 11 that he was not present at the scene of occurrence since he shifted 'A' from the place where he was assaulted and shifted him to the hospital and .also went to the police station to lodge a complaint, is not sustainable - There is categorical evidence of witnesses about the manner in which A-11 was moving at the place of occurrence and actively giving commands to set the house of deceased fire - High Court took note of the eye witness account supported by the medical evidence - Thus, the appellants could not be exonerated of the charge found proved against them. |
Judge | Hon'ble Mr. Justice Fakkir Mohamed Ibrahim Kalifulla |
Neutral Citation | 2015 INSC 1031 |
Petitioner | Yallawa & Ors. |
Respondent | State Of Karnataka |
SCR | [2015] 11 S.C.R. 695 |
Judgement Date | 2015-10-09 |
Case Number | 1126 |
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