Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | No reason to interfere with conviction history of previous attack IPC s.302 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | enal Code, 1860: s.302 – Fifteen accused – Prosecution case was that there was history of previous attack on complainant party – On the fateful day, all the accused armed with weapons surrounded PW-1, PW-2 and the deceased – A-11 instigated the other accused to cut the victim-deceased into pieces – Pursuant to that, they were attacked whereby A-13 chopped the left hand below elbow of PW-1 whereas A-6 hit left shoulder of PW-2 while the victim-deceased was attacked on several parts of his body with sword by the accused persons – PW-1 and PW-2 escaped from the clutches of the accused – Victim-deceased succumbed to injuries – Trial court and High Court convicted the appellants and other accused persons for various offences – On appeal, held: Though, the argument for the appellants was that PW-1 and PW-2 were introduced witnesses but the lengthy cross-examination conducted on them did not lead to any such inference – Postmortem report showed multiple injuries on the victim-deceased – The oral testimony of material witnesses PW-1 and PW-2 was corroborated by the medical evidence, whereas the motive of taking life of the deceased was made out from the incident – Therefore, the findings recorded by the courts below were plausible findings in law – Some contradictions may have arisen on account of perception of the witnesses and passage of time, but the creditability of the witnesses were not shaken – Therefore, such witnesses were reliable and creditworthy – Since there was a history of earlier attack on the deceased, accused formed an unlawful assembly with a view to take life of the victim-deceased – No reason to interfere with the order of conviction. |
Judge | Hon'ble Mr. Justice Hemant Gupta |
Neutral Citation | 2019 INSC 802 |
Petitioner | Postman Vengaisamy & Ors. |
Respondent | State Represented By Inspector Of Police & Ors. |
SCR | [2019] 9 S.C.R. 1115 |
Judgement Date | 2019-07-24 |
Case Number | 1234 |
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