Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860- ss.452 307134 Penal Code 504 316134 -Prosecution case was that complainant witnessed that appellant and other accused armed with the country made pistols entered the house of his uncle and abused members of family including his pregnant niece and shot fire from their respective pistols with intention of killing them |
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.452, 307134, 504, 316134 -Prosecution D E case was that complainant witnessed that appellant and other accused armed with the country made pistols entered the house of his uncle and abused members of family including his pregnant niece and shot fire from their respective pistols with intention of killing them - Conviction ulss.452, 307134, 504, 316134 by trial court and life imprisonment - High Court affirmed the same - Conviction upheld by Supreme Court - instant appeal challenging correctness of quantum of sentence - Held: The gunshot injury caused by the appellant to the victim was grievous in nature, the bullet injury was caused in the head which was the most delicate and vital part of the body; the facts of the case satisfied the ingredients of the first part of s.307, namely, all the three accused which included the appellant had gone lo the house of victim with a common intention to kill the members of.family and in order to accomplish the intention, each accused targeted one member of the F family present in the room which resulted in death of a stillborn child of niece, who was hit by gunshot in her abdomen and other two members suffered serious gunshot injuries though both survived - While sentencing the accused, the Court is required to take into account several factors arising in the case, such as the nature of offence committed, the manner in which it was committed, its gravity, G the motive behind the commission of the offence, nature of injuries sustained by the victim, whether the injuries sustained were simple or grievous in nature, weapons used for commission of offence and any other extenuating circumstances if any - Considering these factors, no case made out for interference with quantum of H punishment in the instant case. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2017 INSC 819 |
Petitioner | Ahsan |
Respondent | State Of U.p. |
SCR | [2017] 7 S.C.R. 658 |
Judgement Date | 2017-08-29 |
Case Number | 1525 |
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