Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Firing of Gunshots Common Intention Appeal Against Acquittal |
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. 3021307 rlw s. 34 - Firing ofgunshots - Causing injuries to PW1 and death of his brother- Five accused- Conviction of A-1 and A-2 i.e. the appellants- Justification - Held: PWs-1 and 2, brother and father of thedeceased, deposed in a vivid manner about the culpabilityof the accused persons in the crime - Non-examination of twowitnesses did not affect the trustworthiness of PWs-1 and 2 -Though there was some embellishment by PW-1, theinformant, and the other witnesses but that did not make thewhole prosecution version untruthful - Non-seizure of blood-stained clothes and blood stains did not create dent in theprosecution version - The autopsy surgeon, PW-3, clearlyopined that deceased had died because of gunshot injuries- The FSL report was clear - As per the FSL report. shotswere fired from the weapons sent to the laboratory - Cogentevidence that the weapons belonged to accused-appellantsand licenses were issued in their favour - Thus, oculartestimony of PWs-1 and 2 received clear corroboration fromthe medical evidence as well as from the report of the FSL -Conviction of the appellants accordingly affirmed.Penal Code, 1860 - s. 34 - Common intention -Existence of - When may be inferred - Death of PW1 'sbrother and injuries caused to PW1 due to gun shots fired bythe accused persons - Conviction of the two accused-appellants (A-1 and A-2) u/s. 302/307 rlw s.34 - Plea that A-2could not have been convicted with the aid of s.34 IPC- |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2013 INSC 613 |
Petitioner | Manjit Singh & Anr. |
Respondent | State Of Punjab & Anr. |
SCR | [2013] 11 S.C.R. 107 |
Judgement Date | 2013-09-13 |
Case Number | 2042 |
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