Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860- s. 307 - |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Penal Code, 1860- s. 307 - Prosecution case that PW-5 and his two sons 'S' and 'PW-6 were cutting pullas (reeds)in their fields when the accused party went there and asked them not to cut the pullas - In the wordy altercation, second accused gave pharsi blows on the head of'S' - Conviction of second accused u/s.307 IPC by Courts below- Challenged,on ground that evidence of the witnesses suffers from material discrepancy and is self-contradictory; and additionally, the defence plea of private defence was not considered by the courts below in proper perspective - Held: PWs 5 & 6 haveclearly spoken about the overt act of the accused - PWs 5 and 6 being injured witnesses, their evidence is entitled to great weight- Evidence of PWs 5 and 6 amply corroboratedby medical evidence - Evidence that had not surgical assistance been given to 'S', he would have definitely died- Having regard to the weapon used for causing the head injuries to 'S', nature of injures, situs of the injury and the severity of the blows, conviction of 2nd accused u/s.307 IPC was justified.Sentence I Sentencing- Second accused gave pharsi blows on the head of the victim- Convicted uls. 307 IPC and sentenced to RI of five years -Appropriate punishment -Held: Question of awarding sentence is a matter of discretion- W~at sentence would meet the ends of justice would depend upon the facts and circumstances of each case and the courts must keep in mind the gravity of the offence, motive for the crime, nature of the offence and all ·other attendant circumstances - On the case in hand, the incident occurred more than 20 years back in the heat of passion in course of a wordy altercation -Accused surrendered in 2012 and is in custody since then, for more than three years - Period of sentence imposed upon second accused reduced to three years apart from directing him to pay Rs. 7. 50 lakhs as compensation to the victim - Code of Criminal Procedure,1973-s.357(3). |
Judge | Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2015 INSC 70 |
Petitioner | Jage Ram & Ors. |
Respondent | State Of Haryana |
SCR | [2015] 11 S.C.R. 1004 |
Judgement Date | 2015-01-28 |
Case Number | 92 |
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