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. 148, 3021149, 3021149, 3071149 c and 3241149 - Assault resulting in death of two and injuries to two - Motive established Testimony of two injured eyewitnesses - Corroborated by medical evidence Hostile ..... witness also corroborating the injured eye-witnesses as regards date, time and place of occurrence - Genuineness of post-mortem report and injury report proved - Non- examination of doctor - Acquittal by trial court - Conviction by High Court - On appeal, held: The evidence of the case, establish the involvement of the accused - Minor contradictions would not render the trial fatal - Conviction ยท confirmed. Appellant-accused alongwith three other accused were prosecuted u/ss. 147, 148, 149, 307 and 302 IPC. Prosecution case was that there was a dispute between the complainant and accused party over a piece of land. When the complainant party was ploughing the disputed land, the accused party came armed with deadly weapons. The assault resulted in death of two persons and injuries to two persons. Trial Court acquitted all the accused. During pendency of the appeal before High Court three of the accused died and the appeal as regards them abated. High Court convicted the appellantaccused. Hence the present appeal. |
Judge | Hon'ble Mr. Justice Mukundakam Sharma |
Neutral Citation | 2009 INSC 471 |
Petitioner | Akhtar & Ors. |
Respondent | State Of Uttaranchal |
SCR | [2009] 5 S.C.R. 771 |
Judgement Date | 2009-04-09 |
Case Number | 1590 |
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