Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Murder Common intention Witness |
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 - s.302 rlw s.34 and s.324 rlw s.34 -Murder - Common intention - Dispute over land - Leading toassault with cycle chain and stone - Multiple injuries tocomplainant (PW4) and death of his father - Conviction ofaccused-appellants - Justification - Held: On facts, justified -The conviction was not based on the solitary statement of PW4 alone - The evidence of PW4, read along with theversion of PW5 and medical evidence, as well as the expertopinion, discloses the involvement of the appellants in thecrime, apart from their common intention to eliminate thedeceased, as well as PW4 - -PW4 fortunately escaped though he also suffered multiple injuries, which ultimately happenedto be not serious - In the circumstances, it cannot be said thats. 34 was not attracted -The medical evidence substantiallyestablishes the intention of the accused to eliminate thedeceased and the injuries sustained by the deceaseddiscloses the coordinated vengeance with which the assaultwas caused by the appellants, in order to ensure that thedeceased did not survive. Witness - Appreciation of - ยท Credibility - Murder case -Number of accused - In his oral evidence before the Court, PW4-complainant fully supported his version, barring thepresence of two accused - PW4 admitted that those twoaccused were not present at the time of the incident and tothat extent, his statement in the complaint was incorrect - |
Judge | Hon'ble Mr. Justice Fakkir Mohamed Ibrahim Kalifulla |
Neutral Citation | 2013 INSC 429 |
Petitioner | Nana Keshav Lagad |
Respondent | State Of Maharashtra |
SCR | [2013] 10 S.C.R. 606 |
Judgement Date | 2013-07-03 |
Case Number | 1010 |
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