Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 326 Section 302 r/w Section 149 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860: s.302 r/w s.149 and s.326 - Conviction under - Prosecution case that on the day of incident, PW8, PW11 and deceased were on motorcycle - Appellants five in number armed with deadly weapons obstructed their way and when these three persons tried to escape, chased them and assaulted them with the aid of weapons held by them - As a result one died and PW8 and PW11 received injuries - Conviction by courts below - On appeal, held: Recoveries made at the spot disclose that all the appellants were waiting at the spot - Recovery of weapons from the spot also proved that the appellants while waiting their shared common object - Evidence of PW7, 8 and 11 was to the effect that appellants participated in the crime and all the five of them ran away from the place of incident after causing severe injuries on the deceased as well as PW8 and PW 11 - There was no doubt about the presence of all the five appellants at the spot - The involvement and the extent of participation by the appellants was sufficiently established by the prosecution - In view of evidence of the eye witnesses, the supporting version of the other witnesses read along with the expert medical opinion, again supported by the Post Mortem report and the injury report, there is no reason to take a view different from the view taken in the impugned judgment - The implication of all the five accused was perfectly justified. Appeal Dismissed. |
Judge | Hon'ble Mr. Justice Fakkir Mohamed Ibrahim Kalifulla |
Neutral Citation | 2016 INSC 18 |
Petitioner | Susanta Das & Ors. |
Respondent | State Of Orissa |
SCR | [2016] 1 S.C.R. 137 |
Judgement Date | 2016-01-06 |
Case Number | 244 |
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