Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860 : Sections 149 Indian Penal Code 302 304 Part I and 326 |
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 Allowed |
Headnote | Indian Penal Code, 1860 : Sections 149, 302, 304 Part I and 326- Murder-Accused entering into the room of deceased with deadly weapons at the dead hours of night-Assaulted the deceased causing his instant death-Evidence of eye witnesses-Corroboration by medical evidence-Conviction and sentence by Trial Court- -On appeal, High Court altered the conviction on the ground that prosecution had failed to prove the common intention of the accused-Validity of-Held, accused were members of unlawful assembly sharing common object to assault the deceased-Identified by all the eye witnesses-Evidence of eye witness suffers from no infirmity-Thus High Court not justified in acquitting the accused of the offences punishable under section 302/149 and convicting them under section 304/326-Trial Courts order of conviction and sentence restored. Respondent A-1 to A-5 were prosecuted for an offence under section 302/ 149 IPC. The prosecution case was that 'C' and A-1 were brothers. There father, before his death divided the property amongst his sons, daughters and wife. 'C' went to Iran and during his absence his share of property was looked after by A-1. On his 'return back, he took the management of his property and asked A-1 to furnish the accounts. This caused enmity between the brothers. On the fateful day 'C' along with his wife PW-3 came to the village and after taking dinner went to sleep in their room. PW-2, the mother and PW-1 the sister also went to sleep in another room. At the dead hours of night A-1 along with five associates armed with deadly weapons entered the room and started attacking 'C'. PW-3 raised alarm and hearing her cries PW-1 and PW-2 came to the room. When they tried to interfere, they were also assaulted by the accused. 'C' succumbed to his injuries. Charges were framed against the accused. The prosecution examined 19 witnesses including three eye witnesses.The Trial Court convicted A-1 to A-5 and sentenced them to undergo imprisonment for life. However, on appeal the High Court on the ground that the prosecution had failed to prove the common intention of the accused, acquitted them of the offences punishable under section 302/149 IPC and instead convicted them under section 304/326 IPC. Aggrieved by the order of the High Court, the present appeals were filed. |
Judge | Hon'ble Mr. Justice S.P. Kurdukar |
Neutral Citation | 1998 INSC 101 |
Petitioner | State Of Andhra Pradesh |
Respondent | Veddula Veera Reddy And Ors. Etc. |
SCR | [1998] 1 S.C.R. 1007 |
Judgement Date | 1998-02-19 |
Case Number | 1631 |
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