Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code |
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.307, 147, 148, 149-Accused party armed with lathis, gun, tamancha and farsa - Assaulted deceased and others - Death of deceased and injuries to others - Conviction under ss.147, 148 and 307 by courts below - Applicability of s.149 challenged· Held: Question as to what was common object .. at particular stage of incident is essentially a question of fact to be determined, keeping in view nature of assembly, arms carried by members and behaviour of members at the scene of occurrence - On facts, s. 149 applicable - Conviction upheld. s. 149 - Common object - Meaning of - Discussed.Evidence: Testimony of related witness - Evidentiary value of. Prosecution case was that a case of abduction and rape was registered against the accused and others on the complaint of deceased and his brother's On the fateful day, when deceased, complainant and others were going to fields, the accused persons came from the other side, armed with lathis, tamancha and farsa. One accused armed with gun exhorted to kill deceased. Other accused persons started assaulting deceased with lathis and others weapons. On seeing this, complainant and his brother ran towards the village. On hearing hue and cry, sister, mother and nieces of complainant came to the place of incident and tried to save the deceased. Accused persons started assaulting them due to which they sustained injuries. Thereafter accused persons ran away. Trial court convicted the accused persons under ss.147, 148, 149 and 307. High Court affirmed the conviction. In appeal to this Court, appellant contended that the alleged act was done on the spur of the moment and though it was stated that some of the accused persons were holding deadly weapons, they were not used and therefore the conviction as recorded cannot be maintained and that s.149 IPC was not applicable. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2009 INSC 536 |
Petitioner | Bhupendra Singh & Ors. |
Respondent | State Of U.p. |
SCR | [2009] 6 S.C.R. 262 |
Judgement Date | 2009-04-16 |
Case Number | 743 |
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