Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | dead body FIR |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860 - s. 304 (Part II) - Conviction under ss.302134 and 201134 by trial court - Acquittal by High Court -Held: Inflicting of injury by the accused and the ultimate deathof the deceased due to the said injury has been provedwithout any iota of doubt - The conduct of the accused indeliberately failing to identify the dead-body of the deceased,lodging missing report of the deceased and the conduct ofnegotiating with the wife of the deceased, go against theaccused - They are guilty of causing death of the deceased -However, nature of injury and weapons used do not suggestintention of causing death - Hence conviction altered to oneunder s. 304 (Part II) - Accused sentenced to 7 years RI andfine of Rs.50,0001- each imposed - Direction to pay Rs. 2lakhs to the complainant (wife of the deceased) out of the fineamount. |
Judge | Hon'ble Mr. Justice Fakkir Mohamed Ibrahim Kalifulla |
Neutral Citation | 2013 INSC 432 |
Petitioner | Swarn Kaur |
Respondent | Gurmukh Singh And Ors. |
SCR | [2013] 10 S.C.R. 664 |
Judgement Date | 2013-07-03 |
Case Number | 1624 |
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