Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860: s. 302 - Murder- Previous enmity 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: s. 302 - Murder- Previous enmity-Appellant armed with gun and other accused armed with lathis and dandas- Gun shot by appellant resulting in death of twopersons - Other accused inflicting injuries on complainantparty with lathis and dandas - Conviction by courts below-Held: In case of gun shot, person who fires the gun ispresumed to have knowledge and intention that he is inflicting an injury which in the ordinary course of nature is sufficientto cause death and the offence is clearly murder - Courtsbelow recorded concurrent findings of fact that the evidenceof PWs 1, 3 and 4 remained unshaken and inspite of lengthycross-examination of these witnesses, the accused were not able to bring any point shaking their credibility - Nointerference with the order of conviction called for.Sentence/Sentencing: Magnitude of crime -Proportionality of punishment - Held: It is the duty of every court to award proper sentence having regard to the mannerin which the offence was committed. |
Judge | Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2015 INSC 1010 |
Petitioner | Abdul Waheed |
Respondent | State Of Uttar Pradesh |
SCR | [2015] 9 S.C.R. 741 |
Judgement Date | 2015-09-01 |
Case Number | 1166 |
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