Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1872-Sections 34 1860/Evidence Act 149 302 307 Penal Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Criminal Law : Penal Code, 1860/Evidence Act, 1872-Sections 34, 149, 302, 307 & 326/Section 27-Accused A1, A2 and A3 armed with guns and A4 and A6 with knives-Deceased was shot dead and his brother suffered gun-shot injuries- Discovery of gun on interrogation of A2-Conviction of A1, A2 and A3 for murder and acquittal of A4 and A6 by Trial Court-High Court altering the conviction of Al for attempt to murder and of A4 and A6 for voluntarily causing grievous hurt-Held, the discovery of the gun is a discovery of fact- On facts, conviction of A2 upheld since A2 had common intention with A1 and A3 to murder the deceased and his brother-Acquittal of A4 and A6 since they did not inflict knife injuries and no intention to murder.Accused A1 had enmity with the father of the deceased over some landed property. A1 with other five accused A2 to A6 went in a jeep and stopped before the deceased and his brother PW2. A1, A2 and A3 had guns and A4 and A6 had knives. On seeing them, the deceased and PW2 started running to escape. The accused chased them and opened fire at them. Both of them sustained serious gun shot injuries. While the deceased died on the spot, PW2 did not succumb to the injuries. Trial Court convicted A1 and A3 under Section 302 IPC, A2 under Section 307 IPC and acquitted A4 and A6. The High Court, while confirming the conviction and sentence of A1 and A3, converted the conviction of A2 from Section 307 to Section 302 read with Section 149 IPC and reversed the acquittal of A4 and A6 and convicted them under Section 326 read with Section 149 IPC. Hence the appeals by A2, A4 and A6. The appellants contended that the version of PW2 is inconsistent with the injuries noted by the doctors on the deceased - that the deceased had gun shot injuries in the front 'and not at his back; that the High Court was wrong in relying on the evidence of a police officer PW18, who stated that the gun, which was used in the crime, was unearthed on interrogation of accused A2; and that A2 should be convicted for attempt to murder under Section 307 IPC since PW2 had not succumbed to the injuries. |
Judge | Hon'ble Mr. Justice K.T. Thomas |
Neutral Citation | 2002 INSC 32 |
Petitioner | Pandurang Kalu Patil And Anr. |
Respondent | State Of Maharashtra |
SCR | [2002] 1 S.C.R. 338 |
Judgement Date | 2002-01-17 |
Case Number | 194 |
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